Mental Capacity Assessments

Capacity Assessments help determine whether an adult is capable of making informed decisions.

Should there be any doubt of an adult’s capacity, whether highlighted during a Needs Assessment or during any decision-making process, an assessment of capacity should be undertaken.

Mental Capacity Assessments are instrumental within the Court of Protection, where the court will decide whether a person has the mental capacity to make a particular decision for themselves. 

We will reduce waiting times for the completion of the Capacity Assessment to ensure prompt Best Interest Decisions are made.

Two male friends talking with dog sat beside them next to a river.

All assessments will be carried out using the Two Stage Test:

Test One

  • Is the person able to make the decision with support if needed?
  • If they can’t, is there an impairment or disturbance of the functioning of their mind or brain?
  • Is the person’s ability to make the specific decision because of the impairment or disturbance of their mind or brain?

 

Test Two – The person is unable to make the decision if they are unable to:

  • Understand the information given to them
  • Retain information long enough to make a decision
  • Communicate their decision by talking or using sign language or simple muscle movements, blinking their eyes, squeezing a hand or some other more personal form of communication.
Male and female colleagues talking

Our panel of Independent Social workers cover a wide range of disciplines including:

  • Learning Disabilities
  • Autism
  • Mental Health
  • Older Adults
  • Physical Disabilities

 

Once a referral has been received, we will provide the CV’s, timescales, and estimated costs of the most suitable Social Worker for your specific case.

Our Independent Social Workers follow the key principles of The Mental Capacity Act (MCA) 2005, including, presuming the person has capacity, supporting the individual to make their own decision, accepting people have a right to make unwise decisions and making decisions in the person’s best interests which are the least restrictive option.

The MCA ensures that anyone who receives care, or support services can be confident that their decisions are made within their best interests.