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8.9If a person notified, or a respondent, considers that the application is one which is reasonable and which they support, then they can indicate this simply by completing and filing the COP5 form to the effect that they agree with the application proposed. This response should be filed the court within 14 days of service.
1COPR r72.8.10There is no obligation on the part of a person notified or a respondent to make any response to the application, but a failure to do so will not prevent the making of the order that is sought. Respondents or those notified who do not respond will still be bound be the decision of the court as if they had been a party.
2COPR r74(2), emphasised in Mrs P v Rochdale BC [2016] EWCOP B1 at para 26.8.11A person who has been notified will not become a party to the proceedings simply by filing a COP5 form consenting to the application. However, if a person notified has taken legal advice before reaching the conclusion that they wish to consent to the application as proposed, it would be appropriate to seek a direction that they be joined as a party to the proceedings only for purposes of seeking to recover their costs.
3COPR r166. This is likely only to be of relevance in property and affairs case where the costs are in principle recoverable from the estate of P.
4COPR r156; see further chapter 16.8.12By contrast with proceedings in some other courts, there is no such category as ‘interested party’ in proceedings before the Court of Protection. A person (or body) is either a party or they are not.
5See Re SK [2012] EWHC 1990 (COP), [2012] COPLR 712 at para 21.