# COP / AGNI Property Sale Evidence | Nellie Supports Source: https://www.nelliesupports.com/services/mental-capacity-assessments/court-of-protection-property-sale-evidence Canonical: https://www.nelliesupports.com/services/mental-capacity-assessments/court-of-protection-property-sale-evidence # Court of Protection Property Sale Evidence (AGNI Report) We provide independent evidence for Court of Protection property-sale applications, including Article 5 evidence following AGNI where requested. Send the court’s directions and we will confirm the report, any additional capacity assessment, fee and timetable for your instruction. We provide independent evidence for Court of Protection property-sale applications, including Article 5 evidence following AGNI where requested. Send the court’s directions and we will confirm the report, any additional capacity assessment, fee and timetable for your instruction. Independent evidence matched to the court’s directions for a property-sale application in England and Wales. Standalone report or bundle: From fee confirmed in writing Turnaround from assessment visit: 5 working days Nationwide coverage: England and Wales Not a wishes and feelings statement: In-depth report ## 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 Usually a home visit; remote assessment is available where appropriate ### Report Written report, professionally reviewed before delivery ### Coverage England and Wales ## Who are you arranging this for? The report is prepared to the same standard whoever instructs it. What changes is what you need to know first. ### I am a family deputy or attorney If a court application has raised questions about your relative’s home or care arrangements, start by sharing the order with their solicitor and our team. We explain the part of the evidence we can provide. A report on living arrangements does not, by itself, decide whether their property should be sold. ### I am instructing as a professional Send the sealed order, relevant paragraph numbers, proposed transaction and filing date. We identify whether the instruction concerns Article 5, capacity to sell, residence, care needs or separate best-interests evidence. The reports, any COP3 or COP24 work, professional expertise and fee must be agreed expressly. ## What this evidence is An independent social-work practice with an employed professional team and peer-reviewed reporting. Explore our [mental capacity assessment services](https://www.nelliesupports.com/services/mental-capacity-assessments) to find the right starting point. Read how we evidence our scale on our [Permanent Team, National Scale](https://www.nelliesupports.com/about-nellie-supports/permanent-team-national-scale) page, and how reports are governed and peer reviewed in our [Professional Standards](https://www.nelliesupports.com/about-nellie-supports/professional-standards). ### What this evidence is The report is prepared for the questions identified in the court’s directions and the agreed instruction. Where Article 5 evidence is required, we examine the actual living arrangements, restrictions, relevant records and the person’s understanding and response, then explain the basis and limits of our opinion. The required work is not defined by a universal property-sale checklist. AGNI [2026] UKSC 16 changed the approach to identifying deprivation of liberty. It did not abolish DoLS or make every existing authorisation irrelevant. Current authorisations and assessments remain important records and may require review against the revised approach. Where Article 5 may be engaged or valid consent is uncertain, appropriate safeguards and legal advice remain necessary. Capacity to sell a property is a separate question from whether the person is deprived of liberty. Where both are commissioned, the evidence addresses each question separately and explains the different reasoning, rather than treating one conclusion as the answer to the other. ## When you may need this evidence This service may be relevant when an applicant has been directed to provide evidence about a person’s living arrangements in connection with a proposed sale. Please send the order before booking. We do not assume that every property application requires the same report or that a particular form of evidence will satisfy every direction. The 2026 judgment requires a contextual assessment of the arrangements rather than automatic reliance on the earlier acid test. Article 5 consent and domestic Mental Capacity Act capacity are distinct questions. The report identifies which issue it addresses and what further legal or evidential work falls outside the instruction. ### 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 this report covers The assessment is shaped by the order and the person’s circumstances. Where the instruction concerns Article 5, the following matters help organise the evidence. The relevance and weight of each factor must be explained, rather than counted as a score or used as an automatic rule. ### 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 An Article 5 report does not determine whether selling a property is in the person’s best interests or whether they should live somewhere else. Those questions may need separate evidence and legal analysis. We identify any additional work at instruction rather than allow the report’s title to imply that every issue has been assessed. ## Restriction is not the same as deprivation A locked door or supervision does not settle the whole question in isolation. AGNI requires consideration of the person’s concrete situation and relevant restrictions together. The assessment also examines valid consent where relevant; apparent compliance alone must not be treated as consent, and serious doubt must not be ignored. ## What the evidence needs to establish We work from the direction actually made and identify the evidence relevant to each question. The applicant’s solicitor should clarify any uncertainty about the court’s requirements. Depending on the instruction, the following issues may need separate treatment: The report distinguishes observed arrangements, the person’s own account, records, third-party information and professional opinion. It explains gaps and uncertainty, including where the evidence does not support a firm conclusion. Existing DoLS material is considered alongside current information, rather than either assumed to decide the issue or dismissed automatically. Framework: A Reference by the Attorney General for Northern Ireland [2026] UKSC 16; Article 5 ECHR; the Mental Capacity Act 2005 where applicable; current implementation guidance and the actual Court of Protection directions. The applicant’s legal team remains responsible for the application and the legal use of the evidence. Read the supporting guidance ### 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 ## Our property sale evidence process ### Initial enquiry and triage Tell us the proposed sale, who is instructing and the exact evidence requested by the court. We ask for the order and deadline, clarify the questions our service can address and identify whether a capacity assessment or other report is also required. ### Quotation and booking We agree the report or combination of reports, fee including applicable VAT, travel, relevant records and timetable. A COP3 or draft COP24 is included only where expressly agreed. Any additional work prompted by the records or directions is discussed before it proceeds. ### Placement visit Where a visit is required, the assessor observes the setting and hears from the person using appropriate communication support. Relevant discussions with care staff or others are recorded separately. If a capacity assessment is also commissioned, its decision and method remain distinct from the Article 5 enquiry. ### Records review and report preparation We review the agreed records period and relevant care information, including medication records where they bear on the actual restrictions or presentation. The report explains how the evidence relates to the court’s questions. A local prioritisation tool is not a substitute for the legal test or a source of authority to restrict liberty. ### Peer review and secure delivery The completed report is professionally reviewed and sent securely to the agreed recipient. Any commissioned statement support must identify whose evidence it contains and who is responsible for checking and signing it. The solicitor or applicant determines the filing and legal submissions; court acceptance is not guaranteed. ## How the person's own view is captured The person’s understanding, expressed wishes and response to the arrangements are considered directly where possible. Support should help them communicate without treating staff or relatives as a substitute for their own account. The report identifies any limitations affecting the assessment of consent or the capacity question. ### 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 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. ## 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 ## Two options, depending on what the court needs The correct option depends on the order and evidence already available. An Article 5 report, a property-sale capacity assessment and a combined instruction address different questions. We confirm the written outputs and whether COP3 or COP24 support is included, rather than assume that a bundle is necessary. ### Deprivation of Liberty Report (COP24 evidence) - 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. fee confirmed in writing ### Property Sale Evidence Bundle - 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. fee confirmed in writing ## Choosing the right assessment ### Deprivation of Liberty Report (COP24 evidence) Court has directed Article 5 evidence; capacity to sell already evidenced ### Property Sale Evidence Bundle Capacity to sell and Article 5 both need evidencing ### [COP3 for a deputyship application](https://www.nelliesupports.com/services/mental-capacity-assessments/cop3-mental-capacity-assessment) Deputyship not yet granted; capacity evidence needed for the deputyship itself ## What the bundle includes fee confirmed in writing The written quotation identifies the agreed option, reports and any form or statement support. Fees and any additional charges are confirmed before booking. Published prices for other COP3 or property services should not be assumed to cover this instruction. ### Deprivation of Liberty Report (COP24 evidence) Where commissioned, an independent Article 5 report addresses the actual restrictions, relevant records, the person’s understanding and response, consent and the evidence required by the court. Its conclusion is reasoned and qualified where necessary. The report does not supply an authorisation or replace legal advice about safeguards. ### COP3 capacity assessment on the sale decision If included, the capacity assessment addresses the proposed property sale, with COP3 Part B agreed where required. The report explains the person’s ability to decide; it does not authorise the transaction. See our [COP3 mental capacity assessment](https://www.nelliesupports.com/services/mental-capacity-assessments/cop3-mental-capacity-assessment) service. ### Draft COP24 witness statement Where expressly commissioned and appropriate, statement support helps organise the evidence for the applicant. A COP24 must remain the statement of the person signing it, who must check its accuracy and distinguish matters within their knowledge from professional reports exhibited to it. ### Placement visit, staff interview and records review The assessor visits the person where they live, observes the setting, speaks with the person and with care staff, and reviews care plans, daily notes, MAR charts and any Standard Authorisation. ### Court order compliance schedule A schedule mapping each paragraph of the court's direction to the section of the report that answers it, so the judge can see every directed issue addressed. ### Peer review and duties to the court Every report is reviewed by a second qualified professional before issue and carries a statement of the assessor's independence and duties to the court under Court of Protection Rules Part 15. ## How this works in practice The situation Illustrative example: an applicant seeks authority to sell a former home, and the court requests evidence about the person’s present care arrangements. The applicant’s solicitor shares the order so the assessment can address the specified issues rather than rely on a general description of life in a care home. The work The assessor reviews the agreed records, visits where required, hears from the person and records relevant restrictions and accounts. Any Article 5 opinion is explained separately from a commissioned capacity-to-sell opinion. Uncertainty about consent or the arrangements is identified for the appropriate legal and safeguarding response. The outcome The applicant receives evidence matched to the agreed questions, with reasoning and limitations. The legal team decides how to present it and whether further evidence is needed. The assessment does not guarantee permission to sell or determine the lawfulness of every aspect of the person’s care. 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. ## Why choose Nellie Supports for your property sale evidence The value of the service lies in the assessment and the explanation behind it: the relevant expertise, a supported process, careful use of records and a written opinion that others can examine. Our role is to provide independent evidence within the agreed instruction. ### For families Know the work, cost and timetable before booking. We agree the appointment arrangements around the person’s needs and explain what the completed report will include. ### For professionals An employed professional team, with relevant expertise and a second professional reviewing the report. We agree the appropriate assessor and written output for your instruction. ## 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 A clearly reasoned Article 5 opinion matched to the court’s questions, with the evidence and any limitations explained. ### 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 Where both services are commissioned, the arrangements can be coordinated. Capacity to sell and the Article 5 question are reported separately. ### Employed, not outsourced A permanent full-time team, peer reviewing every report, not an ad hoc panel of associates. ## Common property sale evidence questions ### Why can't a deputy rely on a DoLS to sell the property? A DoLS authorisation does not authorise a property sale. AGNI changed the deprivation-of-liberty approach, but existing authorisations remain relevant evidence. Send the court’s directions so we can identify the current information and any separate assessment required. ### What is an AGNI report? The term is used for evidence applying the 2026 AGNI judgment to the person’s living arrangements. We confirm the questions, visit and records needed for your instruction, then provide a reasoned opinion. It is not a universal form required for every property sale. ### Does the report say whether the sale is in the person's best interests? An Article 5 report addresses deprivation of liberty. A best-interests opinion about selling the property is a separate question. Tell us what the order requires so the right evidence is commissioned. ### Do I need the COP3 as well? That depends on the question, the evidence already available and the court’s directions. If capacity to sell also needs assessment, we can agree that work alongside the Article 5 instruction. ### Who drafts the COP24? The person signing a COP24 is responsible for its evidence. Drafting support is included only where agreed in the instruction. The applicant and legal team must check the contents and decide what to file. ### Is this service legal advice? Nellie provides independent assessment and evidential reports. Your solicitor advises on authority to sell, the application and any required safeguards. The report does not itself authorise care restrictions or a sale. ### How is this different from a short COP24 wishes and feelings statement? The scope depends on the court’s direction. Where an Article 5 opinion is requested, the report considers the relevant arrangements, consent and evidence, with reasoning. The person’s wishes remain important, alongside the other information required. ## Property sale evidence guides ### [Supreme Court deprivation of liberty ruling and Court of Protection property sale evidence](https://www.nelliesupports.com/guides/supreme-court-deprivation-of-liberty-ruling-and-court-of-protection-property-sale-evidence) Understanding the AGNI judgment and the evidence requested in your case. ### [What to file when the Court of Protection directs Article 5 evidence for a property sale](https://www.nelliesupports.com/guides/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](https://www.nelliesupports.com/guides/cop24-witness-statements-after-agni-what-the-deputy-signs-and-what-gets-exhibited) Understanding the statement, its author and the reports it exhibits. ### [Valid consent and deprivation of liberty: what the court needs to see](https://www.nelliesupports.com/guides/valid-consent-and-deprivation-of-liberty-what-the-court-needs-to-see) How the person’s understanding and response inform the Article 5 enquiry. ### [Why DoLS authorisations are not enough for property sale evidence](https://www.nelliesupports.com/guides/why-dols-authorisations-are-not-enough-for-property-sale-evidence) What an authorisation did, and what the court now asks instead ### [How to arrange a Court of Protection assessment](https://www.nelliesupports.com/guides/how-to-arrange-a-court-of-protection-assessment) The steps in order, from defining the decisions to filing the COP3 with the application. ## Other assessment types The elements of the bundle are also available on their own. If you need only a COP3, a capacity to sell or transfer property assessment, or an Enhanced Mental Capacity Assessment for a contested matter, our team can help. Nellie Supports provides independent social work, mental capacity and deprivation of liberty evidence. We do not provide regulated legal advice, we do not make DoLS applications to a supervisory body and we do not act as Best Interests Assessors. Questions about deputyship or attorney authority, jointly owned property, or the correct Court of Protection application route should go to a solicitor. No provider can guarantee how the Court of Protection or any other decision-maker will treat an individual report. Nellie Supports provides clear, independent, evidence-led professional opinion within the scope of 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. Your report is delivered within 5 working days of the assessment visit. ## How The Nellie Standard™ Applies to Court of Protection Property Sale Evidence This service is delivered in accordance with The Nellie Standard™, Nellie Supports’ framework for evidence-led assessment, reporting and advocacy. The Nellie Standard™ guides evidence-led work: a clear question, the right framework, appropriate support and reasoning you can follow. The report answers the agreed questions in the court’s directions. Article 5, property-sale capacity and any commissioned best-interests evidence are identified separately. The written output is matched to the agreed questions and court directions. Any residence capacity, property-sale capacity, care-needs or best-interests evidence is identified separately, rather than assumed to be included in an Article 5 report. Evidence before opinion; Correct test first; Decision-specific analysis; Care needs evidence; Best interests reasoning; Stakeholder transparency; Least restrictive options; CPR35-compliant summary reporting How The Nellie Standard™ Applies to Court of Protection Property Sale Evidence The Nellie Standard™ guides evidence-led work: a clear question, the right framework, appropriate support and reasoning you can follow. The work is agreed for the application. It may include Article 5 evidence, a capacity assessment or other relevant reports. Your quotation identifies the assessments, written outputs and professional expertise included. Where the matter is complex, disputed or likely to be used in Court of Protection proceedings, the report should clearly identify the evidence reviewed, the decision-specific capacity conclusions, the care assessment findings, the care options considered, the views obtained, any limitations, and the professional reasoning supporting the final summary opinion. Evidence before opinion; Correct test first; Residence-specific analysis; Property sale-specific analysis; Care needs evidence; Best interests reasoning; Stakeholder transparency; Clear conclusions ## Our Therapeutic Assessment Approach to Court of Protection Property Sale Evidence We arrange a supported professional assessment, with clear explanations and time for the person’s own account. We start with the presumption of capacity and take practicable steps to help the person decide for themselves. The assessor uses clear language, appropriate pacing and communication support. A reassuring approach helps the person take part without directing their answers. This is especially important because selling a person’s home can be emotional and deeply personal. The person may associate the property with family, identity, independence, safety, grief, memory, control or hope of returning home. The process should therefore support the person to explore where they live, what their home means to them, whether they understand the proposed property sale, what care or support they need, what realistic options exist and what the practical consequences may be. The written report identifies which questions were commissioned, the evidence considered and the reasoning behind each opinion. Residence capacity, capacity to sell, Article 5 and best interests are kept distinct. A supportive conversation does not remove the need for the relevant legal authority or additional evidence. The report sets out the evidence and reasoning in clear language, so you and the professionals involved can understand the findings and next steps. What it is When it is needed Case study FAQs Plain-English explanation Common situations What the report addresses For more, read our guide: [Supreme Court deprivation of liberty ruling and Court of Protection property sale evidence](https://www.nelliesupports.com/guides/supreme-court-deprivation-of-liberty-ruling-and-court-of-protection-property-sale-evidence). What happens next Involving the person Deliverable | Assessment option | Suitable for | What is included | | --- | --- | --- | | Deprivation of Liberty Report (COP24 evidence) | Court has directed Article 5 evidence; capacity to sell already evidenced | home visit in most cases, or remote assessment where appropriate; decision-specific mental capacity assessment; CPR 35-compliant report; peer review; secure delivery within 5 working days of the assessment visit | | Property Sale Evidence Bundle | Capacity to sell and Article 5 both need evidencing | home visit in most cases, or remote assessment where appropriate; decision-specific mental capacity assessment; CPR 35-compliant report; peer review; secure delivery within 5 working days of the assessment visit | | COP3 for a deputyship application | Deputyship not yet granted; capacity evidence needed for the deputyship itself | home visit in most cases, or remote assessment where appropriate; decision-specific mental capacity assessment; CPR 35-compliant report; peer review; secure delivery within 5 working days of the assessment visit | 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. Transparent pricing Provider evidence Frequently asked questions ## 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 £48 per hour including VAT (£40 excluding VAT) 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. A deeper, multi-layered assessment for complex, high-value or contested cases. ## [Capacity to buy, sell or transfer property](https://www.nelliesupports.com/services/mental-capacity-assessments/mental-capacity-assessment-to-buy-sell-or-transfer-property) For a specific property decision, such as selling a home, buying, transferring or gifting. For Court of Protection deputyship applications. Discuss the instruction Written by [Ben Slater, Founder and Managing Director, Nellie Supports](https://www.nelliesupports.com/team/ben-slater). Read our [editorial policy](https://www.nelliesupports.com/editorial-policy). [Request this assessment](https://www.nelliesupports.com/contact) [Call 0333 987 5118](tel:03339875118) ## Is your case more complex? This service has its own scope and fee. If a new capacity assessment also needs additional evidence because the case is complex, high-risk or potentially contested, we can discuss the appropriate work. A retrospective opinion or desktop review does not automatically include a new assessment appointment. [Explore Advanced and Enhanced assessments](https://www.nelliesupports.com/services/mental-capacity-assessments/complex-capacity-assessments) --- Nellie Supports Ltd · 0333 987 5118 · nellie@nelliesupports.com Office 11 and 12, Unit 20, Springfield Business Park, Grantham, NG31 7FZ