Mental Capacity Assessments
Court of Protection Property Sale Evidence (AGNI Report)
Court of Protection property sale evidence is the independent evidence a deputy or attorney needs when applying for authority to sell the property of a person living in care. Following A Reference by the Attorney General for Northern Ireland [2026] UKSC 16, the court is directing applicants to state whether the person is deprived of their liberty and to evidence it, and a DoLS authorisation no longer answers that question. We provide an in-depth, comprehensive deprivation of liberty report, not a short wishes and feelings statement, written to give the court every piece of evidence its direction calls for and to be exhibited to the deputy's COP24. It is available on its own or bundled with a COP3 assessment of the person's capacity to decide whether to sell the property, with a draft COP24 included.
Independent deprivation of liberty evidence, on its own or with a COP3 on the person's capacity to sell, for deputies, attorneys and solicitors applying to the Court of Protection across England and Wales.
At a glance
Decision
Whether the person is deprived of their liberty and, in the bundle, whether they can decide to sell their property
Legal framework
AGNI [2026] UKSC 16, Article 5 ECHR, Mental Capacity Act 2005
Format
Placement visit, records review and staff interview
Report
Court-ready, peer reviewed, written to be exhibited to a COP24
Coverage
England and Wales
£600 + VAT
Standalone report or bundle
5 working days
Turnaround from assessment visit
England and Wales
Nationwide coverage
In-depth report
Not a wishes and feelings statement
Plain-English explanation
What this evidence is
This is an independent, in-depth deprivation of liberty report, prepared by a registered social worker or psychologist who has visited the person where they live, for use in a Court of Protection application to sell their property. Following AGNI, the court is directing applicants to say whether the person is deprived of their liberty and to evidence it. This is not a short wishes and feelings statement. The report itemises the restrictions, analyses six months of records, examines understanding, response and valid consent, applies the test in the judgment and gives a reasoned professional opinion on every element, in a form the deputy can exhibit to a COP24 witness statement. Lawyers call this an AGNI report.
A DoLS authorisation no longer does this work. It shows only that a supervisory body once authorised restrictive arrangements under a test the Supreme Court has now changed, and new authorisations are expected to become rare.
Where the person's own capacity to decide about the sale is also in question, the bundle adds a COP3 on that specific decision, so the court has both answers from one visit.
Restriction is not the same as deprivation
A locked door, supervision or a placement the person did not choose does not by itself mean they are deprived of their liberty within the meaning of AGNI. The report looks at the restrictions as a whole, the person's understanding and response, and whether valid consent is present, and reaches a reasoned view either way.
Common situations
When you may need this evidence
This evidence is usually needed where a person has moved into a care home or supported setting, a deputy or attorney needs to sell the former home, and the Court of Protection has directed the applicant to state whether the person is deprived of their liberty and to evidence it. Increasingly the court is making that direction without being asked, and a bare assertion in the application is not enough.
Historically a DoLS authorisation did that work by implication. After the Supreme Court ruling in the Attorney General for Northern Ireland reference, DoLS authorisations will be far less common and the test for deprivation of liberty has changed, so the court wants the question answered directly: what restrictions are in place, whether the person can and does give valid consent to them, and whether the state is responsible. Where the person's own capacity to decide on the sale is also in question, a COP3 on that decision is needed alongside it.
A deputy needs authority to sell
The deputyship order does not cover the sale, and the court requires evidence before granting authority.
Care fees must be met
The property has to be sold to fund care, and the court or the solicitor wants the person's position properly evidenced.
The person still wants to go home
The person continues to say they want to return to the property, and that has to be recorded and weighed rather than set aside.
The family is divided
Relatives disagree about whether the home should be sold, and independent evidence is needed.
Someone else lives there
A relative or carer occupies the property, and the effect of a sale on the person and on that occupier has to be considered.
An alternative may exist
Letting the property or deferring the sale may be workable, and the court will expect the less restrictive option to have been considered.
What the report addresses
What this report covers
The report is written for the court and answers the direction actually in front of it. It applies the multifactorial test in AGNI, based on a visit to the person where they live, a review of the care and medication records and discussion with staff. It typically addresses:
The restrictions in place: locked doors, supervision, monitoring, restraint and any surveillance
Medication, including PRN use over the previous six months, and what it shows about control of the person
The person's understanding of their arrangements and their response to them, in their own words where possible
Whether the person gives, or is able to give, valid consent to the arrangements
Whether the arrangements are attributable to the state
A reasoned opinion on each element, with the evidence set out separately from the opinion
Article 5 evidence, not a best interests report
This report answers whether the person is deprived of their liberty. It does not give an opinion on whether the sale is in their best interests or whether a return home is achievable. Where you need that evidence, or a capacity assessment on its own, we will tell you before you instruct rather than send a report that answers the wrong question.
1
What the court is asking
The court is being asked to authorise a sale, and before it does so it wants to know whether the person is deprived of their liberty within the meaning of AGNI and, where relevant, whether the person can decide about the sale themselves. Applying the judgment and the Mental Capacity Act 2005, the evidence needs to establish:
The restrictions actually in place where the person lives, including restraint, surveillance, locked doors, supervision and medication, itemised from a visit and the records rather than described in general terms
Whether the person understands their arrangements and how they respond to them, and whether they are giving, or are able to give, valid consent
Whether the objective and subjective elements of a deprivation of liberty are met and whether the arrangements are attributable to the state, with a reasoned professional opinion on each
Where a COP3 is included, whether the person has capacity to decide whether their property should be sold, applying sections 2 and 3 of the Mental Capacity Act 2005
2
Evidence before opinion
The logic matters. The court is not asking for a best interests case for the sale, and a care home letter, a short wishes and feelings statement or a copy of an old Standard Authorisation does not answer its direction. It is asking the applicant to take a position on a legal test and to evidence it in full. The report sets out the evidence first and the opinion second, covering every evidential head the court has directed, so the deputy can adopt it in a COP24 and the judge can see each issue answered. If the evidence shows the person is not deprived of their liberty, the report says so.
Framework: A Reference by the Attorney General for Northern Ireland [2026] UKSC 16; Article 5 of the European Convention on Human Rights and the Human Rights Act 1998; Mental Capacity Act 2005 ss 1 to 3 and Schedule A1; Court of Protection Rules 2017 Part 15 and Practice Direction 15A; CPR Part 35 where applicable.
For more, read our guide: Supreme Court deprivation of liberty ruling and Court of Protection property sale evidence.
Legal framework
What the evidence needs to establish
Initial enquiry and triage
Contact us by phone, email or website form. We confirm who is instructing, whether the court has already directed evidence and any filing date on the order, where the person lives, whether a COP3 on the sale decision is also needed, and any urgency.
Quotation and booking
We confirm in writing which option you need, the fee, VAT and any travel, and arrange the placement visit and the records we need beforehand, including care plans, MAR charts and any Standard Authorisation.
Placement visit
An independent assessor visits the person where they live, observes the environment, talks with the person and with care staff, and records the restrictions actually in place. Where a COP3 is included, the capacity assessment on the sale decision is completed at the same visit.
Records review and report preparation
We review six months of care and medication records, cross-check against the ADASS DoLS Priority Tool, analyse valid consent and write the report with evidence and opinion kept separate, together with the compliance schedule against the court's direction.
Peer review and secure delivery
Every report is reviewed by a second qualified professional before issue, then delivered securely to the deputy or their solicitor, with the draft COP24 where the bundle has been instructed. We respond to reasonable clarification requests afterwards.
What happens next
Our property sale evidence process
Involving the person
How the person's own view is captured
The court's direction turns on the person's understanding of their arrangements, how they respond to them and whether they can give valid consent. That cannot be answered from records alone, so the visit is built around hearing from the person directly:
At their own pace, in their own words
The assessor spends time with the person where they live, without staff or family speaking for them, and records what they say about where they are, the restrictions on them and whether they want to be there.
The right time and place
Visits are arranged for when the person is at their best, and repeated or adjusted where a single conversation would not give a fair picture.
A familiar person nearby
A relative or carer can be close by where that reassures, but the person's understanding and response are recorded as their own, separately from what others say on their behalf.
Communication adjustments
More time, plain language, information broken into stages, and written or visual aids where they help the person express a view. Where the bundle includes a COP3, the same practicable support is applied to the capacity assessment, as section 1(3) of the Mental Capacity Act 2005 requires.
Evidence base
Evidence we review
With consent, the report is grounded in what actually happens where the person lives rather than the paperwork alone. This typically means reviewing:
The person's own account
A visit to the person where they live, at their own pace, to hear what they understand about their arrangements and how they feel about them.
Care and support records
Care plans, daily notes, incident records and any Standard Authorisation, showing the restrictions in place day to day.
Medication records
MAR charts over the previous six months, including PRN use and what it was given for.
The environment
Observation of the setting: doors, supervision, monitoring, restraint and any surveillance in use.
Care staff
Discussion with the staff who support the person about what happens in practice, not what the policy says.
The court order and legal documents
The direction the court has made, so the report answers each paragraph, together with the deputyship order or Lasting Power of Attorney.
Deliverable
What the report establishes
The deprivation of liberty report is structured to answer the court's direction paragraph by paragraph, addressing:
The restrictions in place where the person lives, itemised, including any restraint or surveillance
Medication and PRN use over the previous six months and what it shows about control
The person's understanding of their arrangements and how they respond to them
The person's wishes and feelings, in their own words where possible
Whether the person gives, or is able to give, valid consent
A professional cross-check against the ADASS DoLS Priority Tool
A reasoned opinion on the objective element, the subjective element and state attribution
A compliance schedule mapping each paragraph of the court's direction to the section of the report that answers it
Assessment option | Suitable for | What is included |
|---|---|---|
Deprivation of Liberty Report (COP24 evidence) | Court has directed Article 5 evidence; capacity to sell already evidenced | Full AGNI report in line with ADASS, AGNI and Article 5; placement visit; six months of records; reasoned opinion; ready to exhibit to a COP24. £600 + VAT |
Property Sale Evidence Bundle | Capacity to sell and Article 5 both need evidencing | Full AGNI report; COP3 on capacity to sell the property; draft COP24 referring to both exhibits; one visit. £1,150 + VAT |
COP3 for a deputyship application | Deputyship not yet granted; capacity evidence needed for the deputyship itself | Standard COP3 on property and affairs; click the option name for the full page. £600 + VAT |
Who we work with
For solicitors, deputies and other professionals
Instruction is straightforward and the evidential standard is consistent whichever decision is being assessed:
Scope confirmed in writing
The decisions to be assessed, the fee and the timescale are confirmed in writing before instruction.
A traceable evidential line
Evidence, analysis and conclusion are set out in a structure a court, bank or public body can scrutinise.
Peer review as standard
A second qualified professional reviews every report before it leaves the practice.
Follow-up clarification
Clarification for instructing parties is included after the report is delivered.
Deprivation of Liberty Report (COP24 evidence)
£600 + VAT
- Placement visit, interview with the person and care staff
- Six-month medication and care records review
- Itemised restrictions and valid consent analysis
- Reasoned Article 5 opinion applying AGNI
- Compliance schedule against the court's direction
A full, in-depth report giving the court the evidence its direction asks for, not a wishes and feelings statement.
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Property Sale Evidence Bundle
£1,150 + VAT
- Everything in the Deprivation of Liberty Report
- COP3 assessment of capacity to decide whether to sell the property
- Draft COP24 witness statement in the deputy's or attorney's name exhibiting both
- One visit, one instruction, one bundle
Where both the capacity question and the Article 5 question need answering.
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Transparent pricing
Two options, depending on what the court needs
If capacity to sell is already evidenced or not in question, the standalone report answers the court's Article 5 direction. Where the person's capacity to decide on the sale must also be evidenced, the bundle adds a COP3 on that specific decision and a draft COP24 exhibiting both.
For families
A clear fee, stated before instruction and confirmed in writing, with VAT and any travel set out up front. The visit is arranged around the person, at home, in a care setting or in hospital, and your report is delivered within 5 working days of the assessment visit, in a form the Court of Protection can rely on.
For professionals
A permanent, employed multidisciplinary team, not an ad hoc associate or referral-panel model: Social Work England and Social Care Wales registered social workers and a Chartered Psychologist (BPS). Every report is peer reviewed by a second qualified professional and structured for scrutiny, with reports relied on in the Court of Protection, the Family Court and the Court of Appeal.
Provider evidence
Why choose Nellie Supports for your property sale evidence
England and Wales' largest identified specialist private social work and mental capacity assessment practice, with over 11,000 formal assessments and reports completed by a permanent full-time multidisciplinary team.
Why deputies, attorneys and solicitors choose Nellie Supports
Built to the court's own direction
The compliance schedule maps each paragraph of the court's order to the section of the report that answers it.
A full Article 5 report, not a wishes and feelings statement
An in-depth, comprehensive report that applies the AGNI multifactorial test and the valid consent analysis, with evidence kept separate from opinion and a statement of duties to the court. It covers every evidential head the court directs, not just what the person says they want.
Independent of the sale
The assessor has no prior involvement with the person and no interest in the outcome, which is what makes it evidence rather than assertion.
Draft COP24 included
With the bundle you adopt a statement drafted in your deputy's name, rather than writing one against a filing deadline.
Capacity and liberty from one visit
The bundle pairs a COP3 on the sale decision with the deprivation of liberty report, so both questions are answered together.
Employed, not outsourced
A permanent full-time team, peer reviewing every report, not an ad hoc panel of associates.
The situation
Mrs Smith had moved into a care home after a period in hospital, and her daughter, appointed as her property and affairs deputy, needed to sell the family home to fund her care. When the daughter's solicitor applied to the Court of Protection for authority to sell, the court directed, without being asked, that the application be supported by evidence of whether Mrs Smith was deprived of her liberty within the meaning of AGNI, together with evidence of her capacity to decide whether the property should be sold. There was no Standard Authorisation in place. Nellie Supports was instructed for the bundle.
The work
An independent assessor visited Mrs Smith at the care home, spent time with her at her own pace, spoke with the staff who supported her and reviewed six months of care plans, daily notes and MAR charts. The assessor itemised the restrictions in place, including the keypad doors, the level of supervision and the arrangements for going out, recorded what Mrs Smith understood about her arrangements and how she responded to them, and analysed whether she was able to give valid consent. The picture was cross-checked against the ADASS DoLS Priority Tool. At the same visit the assessor completed the COP3 on Mrs Smith's capacity to decide whether her house should be sold, as a separate, decision-specific assessment.
The outcome
The report set out the evidence first and the opinion second, with a schedule showing where each paragraph of the court's direction was answered. The daughter adopted the draft COP24 prepared in her name, exhibiting the COP3 and the deprivation of liberty report, and her solicitor filed within the court's deadline. Had the evidence shown that Mrs Smith was not deprived of her liberty, or that she could decide about the sale herself, the reports would have said so.
This is an illustrative example, drawn from the common features of the property sale evidence instructions we receive. Mrs Smith is not a real client and the example does not describe any individual.
How this works in practice
Frequently asked questions
Common property sale evidence questions
Why can't a deputy rely on a DoLS to sell the property?
A DoLS authorisation shows only that a supervisory body once authorised restrictive arrangements, under a test the Supreme Court has now changed. It does not tell the court whether the person is deprived of their liberty within the meaning of AGNI, whether they can give valid consent or whether the state is responsible. Following the ruling, the court is asking for that evidence directly, and new authorisations are expected to become rare.
What is an AGNI report?
It is the name lawyers use for an independent deprivation of liberty report applying A Reference by the Attorney General for Northern Ireland [2026] UKSC 16. Ours is an in-depth report, not a summary: it is produced after a placement visit, records review and staff interview, itemises every restriction, analyses six months of medication and care records, examines the person's understanding, response and valid consent, applies the multifactorial test and gives a reasoned opinion on each element. It is written to be exhibited to a COP24 witness statement.
Does the report say whether the sale is in the person's best interests?
No. The report answers whether the person is deprived of their liberty, which is what the court is directing. It does not give a best interests opinion on the sale or on whether a return home is achievable. If you need that evidence, tell us at enquiry and we will scope it separately.
Do I need the COP3 as well?
Only where the person's capacity to decide whether to sell the property has not already been evidenced. If the court already has a COP3 on that decision, or capacity is not in question, the standalone report is enough. If both questions are open, the bundle answers both from one visit and includes the draft COP24.
Who drafts the COP24?
The deputy or attorney files the COP24 in their own name. With the bundle, we provide it in draft, exhibiting the COP3 and the deprivation of liberty report, so you are adopting a document rather than writing one. The standalone report is supplied ready to exhibit to a COP24 you or your solicitor draft.
Is this service legal advice?
No. Nellie Supports provides independent social work, mental capacity and deprivation of liberty evidence. We do not provide legal advice, make DoLS applications or act as Best Interests Assessors. Questions about deputyship authority, the correct application route or Court of Protection procedure should go to a solicitor.
How is this different from a short COP24 wishes and feelings statement?
A wishes and feelings statement records what the person says about where they live and what has happened. The court's direction asks for more: whether the person is deprived of their liberty within the meaning of AGNI, evidenced. Our report is an in-depth, comprehensive piece of evidence. It itemises the restrictions in place, analyses six months of medication and care records, examines the person's understanding and response, tests valid consent, cross-checks against the ADASS DoLS Priority Tool and gives a reasoned professional opinion on the objective element, the subjective element and state attribution, with a compliance schedule against the court's own paragraphs. The person's wishes and feelings are recorded within it, but they are one part of the evidence, not the whole of it.
Where do you cover?
Assessments are carried out across England and Wales, at home, in care settings, in hospital or remotely where appropriate. Travel is charged at £40 per hour and confirmed before booking.
Who will carry out the assessment?
A registered professional from our permanent, employed team, which includes Social Work England and Social Care Wales registered social workers and a Chartered Psychologist (BPS). Every report is peer reviewed by a second qualified professional before delivery.
Supreme Court deprivation of liberty ruling and Court of Protection property sale evidence
The AGNI ruling in plain terms and why the court now directs Article 5 evidence
What to file when the Court of Protection directs Article 5 evidence for a property sale
The court's direction, paragraph by paragraph
COP24 witness statements after AGNI: what the deputy signs and what gets exhibited
Why a bare assertion fails and how to draft from the exhibit
Valid consent and deprivation of liberty: what the court needs to see
The paragraph the judge reads most closely
Why DoLS authorisations are not enough for property sale evidence
What an authorisation did, and what the court now asks instead
Supporting guidance
Property sale evidence guides
Enhanced mental capacity assessment
A deeper, multi-layered assessment for complex, high-value or contested cases.
Capacity to buy, sell or transfer property
For a specific property decision, such as selling a home, buying, transferring or gifting.
COP3 mental capacity assessment
For Court of Protection deputyship applications.
Other assessment types
Discuss the instruction
Request property sale evidence
Tell us about the person, where they live, the deputyship or LPA and whether the court has already directed evidence, and we will confirm which option you need, the fee and the earliest visit.
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.