What is a mental capacity assessment?

A mental capacity assessment is a formal evaluation of whether a person can make a specific decision for themselves at a specific point in time. It applies the two-stage test set out in the Mental Capacity Act 2005: first, whether there is an impairment of the mind or brain; and second, whether that impairment means the person cannot understand, retain, use, or communicate information relevant to the decision.

Who can carry out a mental capacity assessment?

For most informal or care-related decisions, any professional involved in a person's care can assess capacity. For formal Court of Protection purposes — including the COP3 form required for a deputyship application — the assessment must be completed by a registered medical practitioner or a registered social worker. Neil Courtney is registered with Social Work England (SW22867) and Social Care Wales (W/5112188) and is qualified to provide court-compliant capacity assessments.

How long does a mental capacity assessment take?

The assessment visit itself usually takes between one and three hours, depending on the complexity of the decision, how the person presents on the day, and how much supporting information is needed. The written report is typically produced within five to ten working days of the assessment visit. Urgent turnarounds are accommodated where possible.

What happens if someone lacks mental capacity?

If a person is assessed as lacking capacity for a specific decision, someone else must make that decision on their behalf. That decision must be made in the person's best interests, following the framework set out in Section 4 of the Mental Capacity Act 2005. Depending on the decision and the circumstances, this may involve a professional deputy, a family member acting under a Lasting Power of Attorney, a local authority, or a court-appointed deputy.

Can a GP still do a mental capacity assessment?

A GP can still carry out informal capacity assessments. However, as of October 2023, GPs are no longer contracted to complete COP3 Part B assessments under their NHS contract, which means many GP practices are declining these requests. For COP3 assessments and other court-facing capacity work, an independent social worker or independent medical practitioner is now the primary route.

What is the difference between mental capacity and mental health?

Mental capacity and mental health are related but distinct concepts. Mental health refers to a person's overall psychological wellbeing and the presence or absence of mental health conditions. Mental capacity refers specifically to the ability to make a particular decision at a particular time. A person can have a significant mental health condition and still have mental capacity for most decisions.

How much does a private mental capacity assessment cost?

The cost of a mental capacity assessment depends on the complexity of the decision being assessed, the number of assessment visits required, the travel involved, and the purpose of the report. Expert Social Work Assessments provides a quote for each instruction based on the specific details. A free 30-minute consultation is available before any commitment is made.

Is a mental capacity assessment legally binding?

A mental capacity assessment is not a judicial decision — it is a professional opinion that applies the legal framework to the facts. For most decisions, a capacity assessment carried out by a qualified professional is treated as authoritative unless challenged. Where the assessment is disputed, the Court of Protection has jurisdiction to make a formal determination. A well-evidenced, court-compliant report from a qualified assessor provides the strongest basis for any subsequent legal proceedings.

What is an LPA certificate provider?

An LPA certificate provider is an independent person who signs Part B of the LP1 form to confirm that the donor understands the Lasting Power of Attorney they are making and is not being pressured or deceived into signing it. The certificate provider must be either someone who has known the donor personally for at least two years, or a regulated professional with the relevant skills to make that assessment.

Does a social worker qualify as an LPA certificate provider?

Yes. A registered social worker is a recognised professional certificate provider under the Mental Capacity Act 2005 and the LPA Regulations. Neil Courtney is registered with Social Work England (SW22867) and Social Care Wales (W/5112188) and is qualified to act as certificate provider for both Property and Financial Affairs and Health and Welfare LPAs. A social worker is particularly well placed to act as certificate provider where the donor has a cognitive impairment, mental health condition, or learning disability.

Do I need a social worker or a solicitor as my LPA certificate provider?

Either can act as a professional certificate provider. Where there are concerns about the donor's understanding or capacity, or where family dynamics mean that genuine independence is important, a social worker brings clinical judgement alongside professional independence. A solicitor brings legal expertise. Many solicitors drafting LPAs prefer to use an independent social worker as certificate provider so that the document-drafting and the independent certification are kept separate.

What is the difference between Property and Financial Affairs and Health and Welfare Deputyship?

A Property and Financial Affairs deputy manages the person's money, property, bank accounts, and investments. A Health and Welfare deputy makes decisions about the person's care, medical treatment, and day-to-day welfare. The Court of Protection most commonly grants Property and Financial Affairs deputyship. Health and Welfare deputyship is granted only where there is an ongoing need to make a series of welfare decisions, or where there is a dispute that requires court-level oversight.

How long does a deputyship application take?

The Court of Protection typically takes between six and nine months to process a standard deputyship application from the date of filing. Urgent applications, including those involving significant or immediate financial risk to the person, can be made on an expedited basis. The COP3 assessment and report can be provided promptly by Expert Social Work Assessments to avoid delays at the preparation stage.

Can I get a social worker to assess capacity for an LPA?

Yes. Where there are doubts about whether a donor has the mental capacity to make an LPA, a formal capacity assessment is the appropriate first step. Neil carries out capacity assessments specifically for LPA purposes, applying the two-stage test under the Mental Capacity Act 2005 to the specific decision of making an LPA. A written report is produced, and where capacity is confirmed, this can then support the certificate provision.

What happens if someone lacks capacity to make an LPA?

If a person no longer has the mental capacity to make an LPA, it is too late to put one in place. The alternative is a deputyship application to the Court of Protection, which appoints a deputy to make decisions on the person's behalf. Deputyship requires a COP3 assessment confirming the person's lack of capacity for the relevant decisions. Expert Social Work Assessments provides COP3 Part B assessments for both Property and Financial Affairs and Health and Welfare deputyship applications.

Independent Care Needs Assessments and Care Reviews: What You Need to Know

A care needs assessment establishes what support a person requires to live safely and with an appropriate quality of life. Whether commissioned by a solicitor, a professional deputy, a care management team, or a family acting privately, an independent care needs assessment provides an objective, evidence-based analysis of a person's needs — free from the resource constraints and institutional pressures that can affect local authority assessments. This guide explains what an independent care needs assessment involves, how the Care Act 2014 framework applies, what a care review covers, how NHS Continuing Healthcare is assessed, and how an independent social worker supports solicitors, professional deputies, and families in sourcing and arranging care across England and Wales.

What is an independent care needs assessment?

A care needs assessment is a structured evaluation of the support a person requires to meet their eligible needs under the Care Act 2014, or to maintain an appropriate standard of care and safety in their daily life. An independent care needs assessment is carried out by an independent social worker — a qualified professional with no ties to any local authority, NHS body, or care provider — whose findings are therefore not shaped by funding considerations or institutional interests.

Independent assessments are commissioned in a range of contexts: as expert evidence in personal injury and clinical negligence litigation, to challenge or supplement a local authority assessment, to support a deputyship or Court of Protection matter, to review an existing care package, or simply to give a family confidence that a relative's care needs are being met appropriately.

The output of a care needs assessment is a written report setting out the person's needs, the care and support required to meet those needs, and — where relevant — recommendations for sourcing, arranging, or reviewing care provision.

What does a care needs assessment involve?

A care needs assessment is carried out in person, in the environment where the person lives or receives care. It typically involves:

A structured interview with the person being assessed, exploring their daily functioning, health conditions, and the tasks they require support with
Observation of the person in their home or care environment
A review of relevant medical records, care plans, and previous assessments, where these are made available
Interviews with family members, carers, or support workers where appropriate and with the person's consent
Application of the Care Act 2014 eligible needs framework (for assessments under the Act) or a bespoke assessment framework for litigation or court purposes
A written report setting out findings, the assessed level of need, and recommendations

The report is produced following the assessment visit. In litigation contexts, the report is produced as an expert report in accordance with the relevant court rules. In deputyship and Court of Protection matters, the report is produced to the standard required for those proceedings.

Neil Courtney, Senior Independent Social Worker is registered with Social Work England (registration number SW22867) and Social Care Wales (registration number W/5112188). He carries out care needs assessments across all 48 counties of England and all 22 counties of Wales

The Care Act 2014 eligible needs framework

The Care Act 2014 introduced a national eligibility threshold for care and support in England. Local authorities are required to assess anyone who appears to have care and support needs, and to determine whether those needs meet the eligibility criteria.

The eligibility test has three conditions, all of which must be met:

The adult's needs arise from or are related to a physical or mental impairment or illness.
As a result of those needs, the adult is unable to achieve two or more of the specified outcomes.
As a consequence of being unable to achieve those outcomes, there is, or there is likely to be, a significant impact on the adult's wellbeing.

The specified outcomes under the Care Act 2014 are:

Managing and maintaining nutrition
Maintaining personal hygiene
Managing toilet needs
Being appropriately clothed
Being able to make use of the adult's home safely
Maintaining a habitable home environment
Developing and maintaining family or other personal relationships
Accessing and engaging in work, training, education, or volunteering
Making use of necessary facilities or services in the local community, including public transport and recreational facilities
Carrying out any caring responsibilities the adult has for a child

An independent care needs assessment applies this framework rigorously and without the funding pressures that can influence local authority decision-making. Where a person's needs are borderline, an independent assessment that clearly maps presenting difficulties to the eligible outcomes is an important basis for challenging an eligibility decision or funding refusal.

Care Act assessments in Wales are governed by the Social Services and Well-being (Wales) Act 2014, which sets a broadly comparable framework. Expert Social Work Assessments covers both jurisdictions.

What is a care review?

A care review is an assessment of whether an existing care package continues to meet a person's needs. Care needs change over time — following a hospitalisation, a deterioration in condition, a change in living circumstances, or simply the passage of time — and a care package that was appropriate twelve months ago may now be insufficient, excessive, or simply no longer the right fit.

A care review is appropriate in the following situations:

A person has been discharged from hospital and their care needs have changed
A person's condition has deteriorated and the current care package is no longer sufficient
A family has concerns that a care package arranged by a local authority is not meeting the person's needs
A professional deputy needs to review care provision as part of their ongoing responsibility
A person is moving from one care setting to another and their needs must be reassessed
There has been a safeguarding incident or a concern raised about the adequacy of care
A solicitor requires an independent assessment of whether current care arrangements are reasonable for the purposes of litigation

An independent care review considers the person's current needs, the current care package, any gap between needs and provision, and what changes — if any — are recommended. The review produces a written report suitable for use in legal, court, or professional proceedings.

What is a care review?

A care review is appropriate in the following situations:

A person has been discharged from hospital and their care needs have changed
A person's condition has deteriorated and the current care package is no longer sufficient
A family has concerns that a care package arranged by a local authority is not meeting the person's needs
A professional deputy needs to review care provision as part of their ongoing responsibility
A person is moving from one care setting to another and their needs must be reassessed
There has been a safeguarding incident or a concern raised about the adequacy of care
A solicitor requires an independent assessment of whether current care arrangements are reasonable for the purposes of litigation

NHS Continuing Healthcare: the checklist and DST

NHS Continuing Healthcare (CHC) is a package of ongoing care arranged and funded entirely by the NHS, for adults outside hospital who have a "primary health need". When a person qualifies for NHS CHC, the NHS — not the local authority — is responsible for arranging and funding their care, which can represent a very significant financial benefit.

The CHC process operates in two stages:

Stage 1: The CHC Checklist The Checklist is a screening tool used to decide whether a full assessment is warranted. It is completed by a healthcare or social care professional. If the Checklist indicates that the person may be eligible for CHC, the process moves to Stage 2.

Stage 2: The Decision Support Tool (DST) The DST is a detailed multidisciplinary assessment tool that evaluates the person's needs across 12 care domains:

Behaviour
Cognition
Communication
Psychological and emotional needs
Mobility
Nutrition (food and drink)
Continence
Skin (including tissue viability)
Breathing
Drug therapies and medication
Altered states of consciousness
Other significant care needs

Each domain is rated on a scale from no needs to priority needs. The overall picture determines whether the person has a primary health need and therefore qualifies for NHS CHC funding.

An independent social worker can contribute to the CHC process by providing an objective care needs assessment that informs the DST, by reviewing whether a CHC decision is properly reasoned and evidence-based, or by supporting a challenge to a CHC refusal or withdrawal decision. Where a person has been refused CHC funding, an independent report addressing the DST domains can be critical evidence in a review or appeal.

Sourcing and arranging care

Where a care needs assessment identifies that care provision is required — or that existing provision needs to change — an independent social worker can assist with sourcing and arranging appropriate care. This goes beyond the assessment function and into the practical work of identifying suitable care providers, matching care provision to assessed needs, and advising on care funding options.

This service is appropriate where:

A person has been assessed as needing care and a family does not know how to source it
A professional deputy requires assistance identifying and placing a care package
Existing care is not meeting the person's needs and alternative provision needs to be found
A person is moving from hospital to a care home or supported living arrangement and suitable provision needs to be identified
A solicitor requires expert advice on the appropriate type and level of care for the purposes of a schedule of loss in litigation

Expert Social Work Assessments can advise on residential care, domiciliary care, supported living, and specialist placements for complex needs including learning disability, acquired brain injury, dementia, and mental health conditions.

The role of an independent social worker in personal injury and litigation

In personal injury and clinical negligence claims, a care needs assessment is frequently required as part of the schedule of loss. The claimant's care needs — both past and future — must be assessed and quantified, and an independent social worker is a recognised expert in this field.

Expert Social Work Assessments provides:

Care needs assessments for personal injury and clinical negligence claims across all severity levels
Assessment of past care needs (quantifying gratuitous care provided by family members)
Assessment of future care needs (the care package required for the remainder of the claimant's life)
Case management recommendations where the claimant's ongoing care requires coordination
Joint expert instructions accepted (claimant and defendant instructing together)
Expert reports produced in accordance with CPR Part 35 and the relevant practice directions

Reports are produced by Neil Courtney, Senior Independent Social Worker, who has the qualifications and experience to act as a single joint expert or as a claimant's own expert, and who is accustomed to the standards required for court-facing expert evidence in personal injury proceedings.

Services offered

Expert Social Work Assessments accepts instructions in the following areas within this cluster:

Independent care needs assessments (Care Act 2014, Wales Act 2014, and bespoke)
Care reviews (existing care packages, post-hospital discharge, change in condition)
NHS Continuing Healthcare checklist completion and DST support
CHC challenge and review support (independent report for DST appeal)
Financial vulnerability assessments
Sourcing and arranging care (residential, domiciliary, supported living, specialist placements)
Care needs assessments for personal injury and clinical negligence litigation (CPR Part 35)
Past and future care assessments for schedules of loss
Welfare reviews for professional deputies
Independent assessment to challenge or supplement a local authority care assessment

Geographic reach

The Team carries out in-person assessments across all of England and Wales. A postcode is required when requesting a quote so that travel can be accurately accounted for. For immigration-related matters and assessments where the person is located overseas, video assessments are available by arrangement.

Independence

Expert Social Work Assessments has no affiliations or ties to any formal care organisation, NHS body, or local authority. Every care needs assessment, care review, and report produced is fully independent. Where an assessment is required for court, litigation, or professional proceedings, independence is not optional — it is the foundation on which the report's credibility rests. Neil is instructed by solicitors, professional deputies, care management teams, and families precisely because his findings are not shaped by funding considerations, bed availability, or institutional interests.

How to instruct

To instruct Neil or to request a quote, use the referral and information-gathering form on the Contact page. Initial enquiries are also welcome by phone, email, or text.

Phone: 0330 043 9054
Mobile / WhatsApp: 07715 638 143
Email: info@expertswa.co.uk

A free 30-minute telephone or video consultation is available for anyone who wants to discuss their situation before committing to a formal instruction.

FAQs

Can I get a private care needs assessment?

Yes. A private care needs assessment is carried out by an independent social worker rather than by a local authority. It is commissioned directly — by the person themselves, a family member, a solicitor, or a professional deputy — without needing to go through any local authority process. A private assessment is appropriate when a local authority assessment has been refused or delayed, when the outcome of a local authority assessment is disputed, or when an objective, court-ready report is required for legal or professional proceedings. Expert Social Work Assessments provides private care needs assessments across England and Wales.

Who carries out an independent care needs assessment?

An independent care needs assessment is carried out by a qualified registered social worker who operates independently of any local authority, NHS body, or care provider. Neil Courtney is a Senior Independent Social Worker registered with Social Work England (SW22867) and Social Care Wales (W/5112188). He has extensive experience carrying out care needs assessments in private, litigation, and Court of Protection contexts across all 48 counties of England and all 22 counties of Wales.

What is the difference between a care needs assessment and a care review?

A care needs assessment establishes what level and type of care a person requires — it is carried out when care needs are being assessed for the first time, when a local authority assessment is disputed, or when an expert assessment is required for legal proceedings. A care review assesses whether an existing care package continues to meet a person's needs. Where a person's condition, circumstances, or care arrangements have changed, a care review identifies whether the current provision remains appropriate and what changes are recommended.

How long does a care needs assessment take?

The assessment visit itself typically takes between two and four hours, depending on the person's needs and the complexity of the case. Where medical records, care plans, or previous assessments are made available for review, additional time is required to consider those documents. A written report is produced following the assessment visit; timescales depend on the urgency of the instruction and are confirmed at the point of instruction. Expedited reports are available where court or hearing deadlines require it.

What does a care needs assessment report include? A care needs assessment report includes a description of the person's living circumstances and background, a structured account of their presenting needs across all relevant areas of daily functioning, an analysis of those needs against the applicable framework (the Care Act 2014 eligible needs criteria, or a bespoke expert framework for litigation), an assessment of the current level of unmet need, recommendations for the type and level of care required, and — where relevant — indicative costings or a care package specification. In litigation contexts, the report is produced to CPR Part 35 standards with a statement of truth.

Can a solicitor commission a care needs assessment?

Yes. Solicitors routinely commission independent care needs assessments as part of personal injury, clinical negligence, and Court of Protection proceedings. Expert Social Work Assessments accepts instructions directly from solicitors, produces reports to CPR Part 35 standards where required, accepts joint expert instructions, and is experienced in the standards required for court-facing expert evidence. Instructions can be placed via the contact page, by email, or by telephone.

What is the Care Act 2014 eligible needs framework?

The Care Act 2014 sets a national eligibility threshold for adult care and support in England. A person has eligible needs if: their needs arise from a physical or mental impairment or illness; as a result of those needs they are unable to achieve two or more of the specified outcomes (which cover areas including nutrition, personal hygiene, mobility, home safety, and maintaining relationships); and the inability to achieve those outcomes has a significant impact on their wellbeing. An independent care needs assessment applies this framework rigorously and produces a written record of the analysis that can support an eligibility decision or a challenge to a refusal.

How do I arrange care for an elderly relative?

The first step is a care needs assessment, which establishes what level and type of care your relative requires. This can be a local authority assessment (which you can request from the relevant council) or a private assessment carried out by an independent social worker. Once the assessment is complete, a care plan is developed and appropriate care provision — whether domiciliary (care at home), residential, or specialist — is identified and arranged. Expert Social Work Assessments can carry out the assessment and, where needed, assist with sourcing and arranging appropriate care provision. Contact us to discuss your situation before committing to a formal instruction.