Question 1

What is a mental capacity assessment?

Accepted Answer

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.

Question 2

Who can carry out a mental capacity assessment?

Accepted Answer

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.

Question 3

How long does a mental capacity assessment take?

Accepted Answer

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.

Question 4

What happens if someone lacks mental capacity?

Accepted Answer

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.

Question 5

Can a GP still do a mental capacity assessment?

Accepted Answer

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.

Question 6

What is the difference between mental capacity and mental health?

Accepted Answer

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.

Question 7

How much does a private mental capacity assessment cost?

Accepted Answer

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.

Question 8

Is a mental capacity assessment legally binding?

Accepted Answer

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.

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