Frequently Asked Questions

Question 1

What is a mental capacity assessment?

Accepted Answer

A mental capacity assessment is a structured evaluation of whether an individual has the ability to make a specific decision at a specific time. It is conducted in accordance with the Mental Capacity Act 2005 and its Code of Practice. Capacity is always assessed in relation to a particular decision — it is not a general or permanent judgement.

Question 2

What is the Mental Capacity Act 2005?

Accepted Answer

The Mental Capacity Act 2005 (MCA) is the legal framework in England and Wales that governs decision-making for people who may lack the capacity to make certain decisions for themselves. It sets out five statutory principles, including the presumption of capacity and the requirement that all practicable steps be taken to support a person to make their own decision before a finding of incapacity is made.

Question 3

Who can conduct a mental capacity assessment?

Accepted Answer

Any professional with the appropriate knowledge and skills can conduct a mental capacity assessment — there is no single prescribed profession. However, for assessments used in legal proceedings or Court of Protection applications, an independent, qualified assessor with specialist experience in mental capacity law is strongly recommended. Our assessor holds relevant professional qualifications and specialist training in MCA assessments.

Question 4

What is the difference between capacity and competence?

Accepted Answer

In England and Wales, the term 'capacity' is used under the Mental Capacity Act 2005. 'Competence' is an older term sometimes used interchangeably, or in the context of medical decision-making. For legal purposes in England and Wales, the MCA 2005 framework and the term 'capacity' applies.

Question 5

What does the assessment involve?

Accepted Answer

The assessor meets with the individual in a suitable, comfortable setting — this may be at their home, a care facility, a solicitor's office, or another agreed location. The assessor will have reviewed relevant background information and records in advance. The assessment involves a structured conversation to evaluate the individual's understanding, retention, use, and communication of information relevant to the decision in question.

Question 6

How long does an assessment take?

Accepted Answer

The duration varies depending on the individual and the complexity of the decision being assessed. A typical assessment appointment lasts between one and two hours. Where an individual tires easily or requires additional support, the assessment may be conducted over more than one visit.

Question 7

Can the assessment be conducted remotely?

Accepted Answer

In some circumstances, a remote assessment via video call may be appropriate — for example, where the individual is unable to travel or where a face-to-face meeting is not practicable. We will discuss the most appropriate format with you at the point of referral. Face-to-face assessment is generally preferred where possible.

Question 8

What records or documents are needed?

Accepted Answer

Relevant background information helps to ensure the assessment is thorough and well-informed. This may include medical records, GP letters, specialist reports, care plans, or legal documents. We will advise you on what is needed at the point of referral. All documents are handled in strict confidence.

Question 9

What happens if the individual refuses to be assessed?

Accepted Answer

Participation in an assessment must be voluntary. If an individual declines to be assessed, this cannot be overridden. In such cases, we will discuss the options available with the referring party, which may include a capacity assessment based on available records and observations, or advice on next steps.

Question 10

What does the written report include?

Accepted Answer

The report sets out the background to the assessment, the methodology used, the assessor's observations and findings, and a clear conclusion as to whether the individual had capacity to make the specific decision at the time of assessment. Reports are written to a professional standard and are suitable for use in legal proceedings, Court of Protection applications, and other formal contexts.

Question 11

How long does it take to receive the report?

Accepted Answer

We aim to deliver the completed report within 10 working days of the assessment. Where there is urgency — for example, an imminent court hearing — please discuss this with us at the point of referral and we will do our best to accommodate an expedited timescale.

Question 12

Can the assessor act as an expert witness?

Accepted Answer

Yes. The assessor is available to act as an expert witness in legal proceedings where required. Please indicate at the point of referral if expert witness availability is likely to be needed, so this can be factored into the instruction.

Question 13

Is the report admissible in Court of Protection proceedings?

Accepted Answer

Reports are written to meet the requirements of Court of Protection proceedings and are suitable for submission as evidence. The assessor is independent and has no prior relationship with the individual being assessed, which supports the admissibility and weight of the report.

Question 14

How much does an assessment cost?

Accepted Answer

Fees are provided on application and vary depending on the nature and complexity of the assessment, travel requirements, and whether expert witness availability is needed. Please contact us to discuss your requirements and we will provide a clear fee estimate.

Question 15

Who can make a referral?

Accepted Answer

Referrals are accepted from solicitors, barristers, legal teams, healthcare professionals, social workers, and members of the public or families. There is no requirement to be a legal professional to request an assessment.

Question 16

How do I make a referral?

Accepted Answer

You can make a referral by completing the referral form on our website, by telephone, or by email. We aim to respond to all enquiries within one working day. Please include as much relevant background information as possible so we can advise you promptly.

Question 17

What areas do you cover?

Accepted Answer

We cover Hampshire, Surrey, West Sussex, and the Isle of Wight. If you are located outside these areas, please contact us to discuss whether we are able to assist.

About Mental Capacity Assessments

The Assessment Process

Reports & Legal Use

Fees & Referrals

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