# COP24 Witness Statements After AGNI: What to Sign and Exhibit | Nellie Supports Source: https://www.nelliesupports.com/guides/cop24-witness-statements-after-agni-what-the-deputy-signs-and-what-gets-exhibited Canonical: https://www.nelliesupports.com/guides/cop24-witness-statements-after-agni-what-the-deputy-signs-and-what-gets-exhibited Written by: Ben Slater Source review by: Kerry Slater Source review recorded: 2026-09-09 # COP24 witness statements after AGNI: what the deputy signs and what gets exhibited A COP24 records the named witness’s evidence and is signed by that witness with a statement of truth. After AGNI, any direction about liberty must be answered on its actual terms, distinguishing the witness’s knowledge, information from others and any expert opinion. ## Author and Publication Author: Nellie Supports Ltd Publication Date: 15/05/2026 ​ ## Citation HM Courts and Tribunals Service, Form COP24: Witness statement. Available at: [https://www.gov.uk/government/publications/form-cop24-witness-statement](https://www.gov.uk/government/publications/give-a-witness-statement-about-a-person-who-lacks-capacity-form-cop24) ## Copyright Copyright © 2026 Nellie Supports Ltd. All rights reserved. ​ This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd. ​ This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms. ## Abstract A COP24 records the named witness’s evidence and is signed by that witness with a statement of truth. After AGNI, any direction about liberty must be answered on its actual terms, distinguishing the witness’s knowledge, information from others and any expert opinion. This guide covers the relevant evidence, support, process and limits in England and Wales. ## What is on this page - [Contact](https://www.nelliesupports.com/guides/cop24-witness-statements-after-agni-what-the-deputy-signs-and-what-gets-exhibited) - [Overview](https://www.nelliesupports.com/guides/cop24-witness-statements-after-agni-what-the-deputy-signs-and-what-gets-exhibited) - [Frequently Asked Questions](https://www.nelliesupports.com/guides/cop24-witness-statements-after-agni-what-the-deputy-signs-and-what-gets-exhibited) - [Related Pages](https://www.nelliesupports.com/guides/cop24-witness-statements-after-agni-what-the-deputy-signs-and-what-gets-exhibited) A COP24 records the named witness’s evidence and is signed by that witness with a statement of truth. After AGNI, any direction about liberty must be answered on its actual terms, distinguishing the witness’s knowledge, information from others and any expert opinion. A property application may require evidence about residence and restrictions, but AGNI is not a universal filing checklist. Follow the order made in the case and seek advice where it is unclear. ## What a COP24 is and who signs it COP24 is a witness statement in Court of Protection proceedings. The person making the statement signs the statement of truth and must be able to adopt its contents honestly. The appropriate witness depends on the order and knowledge required; it is not necessarily a deputy, and legal representation does not make a solicitor’s draft evidence of personal knowledge. ## Give reasons and identify sources A statement that the person is “settled” or that no DoLS authorisation exists does not itself explain the restrictions, wishes or consent position. Give the relevant facts and identify their source. Do not claim a particular published judicial or professional direction applies unless it has been checked and is relevant to this application. ## What the statement itself should say Identify the application, the witness and the matters the order requires them to address. Set out relevant facts, distinguish personal knowledge from information or belief and identify the source of the latter. Refer clearly to exhibits and explain any evidence that is not yet available. The statement can itself contain factual evidence; it is not merely an adoption page for a report. ## What gets exhibited Exhibit the documents needed to support the statement and comply with the order. Depending on the issues, these may include the authority document, care plan, restrictions records, medication information, capacity evidence or an existing authorisation. A separate expert report may be appropriate or directed, but there is no universal requirement for a particular commercial report or six months of records in every sale case. ## Distinguish facts, opinion and legal submissions The witness should explain matters within their knowledge, identify information from others and avoid presenting an expert’s opinion as personal observation. A deputy or attorney may have relevant evidence and professional expertise, while also needing to disclose an interest. The solicitor should advise whether further expert evidence or legal submissions are required and what permission is needed. ## Check the statement against the direction Use the actual order as a checklist. For each issue, identify the paragraph of the statement and any exhibit that answers it. Verify names, dates, document references, the statement of truth and filing and service requirements. A report’s contents or a suggested template should not replace the court’s own directions. ## Where the position is that the person is deprived of their liberty Where the evidence raises a possible deprivation of liberty, state the facts and the steps taken without minimising objections or uncertainty. The responsible bodies should consider the appropriate authorisation or court route. Ask the solicitor how this affects the property application; neither the grant of sale authority nor a private report authorises confinement. ## Follow the deadline and form named in the order Read the order for the deadline, how it runs and the documents required. Do not assume every application allows 28 days or uses the same notification or declaration form. Arrange evidence promptly and seek directions or an extension in time where needed. ## Key takeaway A witness must understand and honestly adopt their own statement. Answer the actual directions, identify the sources and exhibits and keep factual evidence, expert opinion and legal conclusions clear. The court evaluates the evidence and decides the application. ## Frequently asked questions ### Can the care home write the COP24 evidence? Care staff or a manager may provide important factual evidence about daily arrangements, restrictions, medication and the person’s responses. The order and their knowledge determine the appropriate format. A factual account may be useful but should not be presented as a complete legal or expert analysis merely because it describes apparent contentment. ### Can the assessor's report be filed as the COP24? Use the form of evidence directed by the court. An expert may provide a separate report and a factual witness may exhibit or refer to it. Do not treat someone else’s report as the witness’s own observations or assume an assessor can only ever give evidence as an exhibit. ### What is a draft COP24 from the assessor? A draft must be checked against the order and the proposed witness’s knowledge. The witness should correct it, identify sources and sign only what they honestly believe. Any author’s report should remain attributed to that author. The court may direct further evidence if the documents do not answer its questions. ## Related mental capacity assessment pages The related guides below provide further explanation of the decisions, evidence and legal processes discussed here. ### Court of Protection Property Sale Evidence ### What to file when the Court of Protection directs Article 5 evidence for a property sale ### AGNI and Court of Protection property sale evidence ### Read guide ## Practical next steps Read each paragraph of the order, identify the witness with relevant knowledge and gather the evidence it requests. Check the current form, statement of truth, exhibits and deadline with the solicitor handling the application. ## Primary sources and official guidance [Mental Capacity Act 2005](https://www.legislation.gov.uk/ukpga/2005/9/contents) [Mental Capacity Act Code of Practice](https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice) [Supreme Court: Attorney General for Northern Ireland reference, June 2026](https://supremecourt.uk/cases/judgments/uksc-2025-0042) [Government guidance: June 2026 deprivation-of-liberty judgment](https://www.gov.uk/government/publications/changes-to-the-definition-of-deprivation-of-liberty/uk-supreme-court-2026-judgment-on-what-constitutes-a-deprivation-of-liberty) ## Related information - [Mental Capacity Assessment to Revoke a Lasting Power of Attorney](https://www.nelliesupports.com/lasting-power-of-attorney-services/revoke-lpa) - [NHS Continuing Healthcare Support](https://www.nelliesupports.com/services/continuing-healthcare) - [CHC Appeal Application: Drafting and Submission](https://www.nelliesupports.com/services/continuing-healthcare/chc-appeal-application) --- Nellie Supports Ltd · 0333 987 5118 · nellie@nelliesupports.com Office 11 and 12, Unit 20, Springfield Business Park, Grantham, NG31 7FZ