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.

What is a Deprivation of Liberty Safeguard (DoLS)?

A Deprivation of Liberty Safeguard (DoLS) is a legal mechanism under Schedule A1 of the Mental Capacity Act 2005 that authorises the deprivation of liberty of a person aged 18 or over who lacks the mental capacity to consent to their care arrangements. It applies in registered care homes and NHS hospitals only. Where a person is deprived of their liberty in any other setting, a Court of Protection order is required instead. The DoLS authorisation requires six assessments, the most substantive of which is the Best Interest Assessment carried out by a qualified Best Interest Assessor.

What is a Best Interest Assessor?

A Best Interest Assessor (BIA) is a qualified and approved professional who carries out the Best Interest Assessment required before a Deprivation of Liberty Safeguard authorisation can be granted. The BIA determines whether the deprivation of liberty is in the person's best interests, whether it is necessary to prevent harm, and whether it is a proportionate response. The BIA's recommendation is binding in one direction: if the BIA recommends refusal, the supervisory body must refuse the authorisation. The BIA is appointed by the supervisory body and must be independent of the managing authority.

Who can act as a Best Interest Assessor?

A Best Interest Assessor must be a registered social worker, registered nurse, occupational therapist, chartered psychologist, or registered medical practitioner who has completed an approved BIA training course and has at least two years' post-qualifying experience in a relevant field. The BIA must be approved by the supervisory body and must be independent of the care home or hospital where the person lives. Neil Courtney is a qualified BIA registered with Social Work England (SW22867) and Social Care Wales (W/5112188), with over 20 years of post-qualifying experience and full independence from all care organisations.

What does the AGNI judgement mean for DoLS?

The AGNI judgement, handed down by the Court of Protection in June 2026, clarifies how Best Interest Assessors must approach cases where the deprivation of liberty arises from the combined effect of multiple restrictions rather than a single dominant factor. The judgement confirms that the acid test must be applied to the overall picture of the person's circumstances, not to each individual restriction in isolation. BIAs must now document the full matrix of restrictions in complex care settings and address whether each contributing factor is individually necessary and whether the combination is proportionate. Assessments that focus on a single element without considering the overall picture are not sufficient under post-AGNI practice.

Can a local authority commission an independent BIA?

Yes. Supervisory bodies can and do commission independent BIAs where the internal BIA pool has insufficient capacity, where there is a conflict of interest, where the case is of particular complexity, or where a second independent assessment is required. Commissioning an independent BIA does not alter the legal framework — the independent assessor is subject to the same requirements as an in-house assessor and their report carries the same weight in the authorisation decision. Neil Courtney accepts BIA instructions from supervisory bodies across England and Wales.

What is the difference between DoLS and the Liberty Protection Safeguards?

The Liberty Protection Safeguards (LPS) were introduced by the Mental Capacity (Amendment) Act 2019 as the intended replacement for DoLS, but as of August 2026 they have not been implemented and no confirmed implementation date has been set. The key differences are scope (LPS will extend to all settings, including the person's own home, whereas DoLS applies only in care homes and hospitals), responsible body (the party responsible for arranging assessments changes under LPS), and assessment structure (LPS replaces the six DoLS assessments with three). Until LPS is implemented, the DoLS framework governs all practice.

What is a Best Interests meeting and who chairs it?

A Best Interests meeting is a multi-disciplinary meeting convened to make or review a decision in the best interests of a person who lacks mental capacity, applying the best interests checklist in section 4 of the Mental Capacity Act 2005. It is not the same as the Best Interest Assessment required under DoLS, though both draw on the same legal framework. Best Interests meetings are typically chaired by the lead professional responsible for the person's care — most commonly a social worker or a senior clinician. Family members, carers, advocates, and any relevant professionals should be invited. Where there is a dispute about the outcome, the matter may need to be referred to the Court of Protection.

How long does a DoLS assessment take?

A standard DoLS Best Interest Assessment typically takes between two and four hours, including the time to review case records, conduct the assessment visit, consult with relevant parties, and produce the written report. Complex cases — particularly those involving disputed facts, multiple restrictions requiring post-AGNI multifactorial analysis, or family disagreement — may take longer. Urgent cases can be prioritised. Neil aims to provide reports within five working days of instruction in standard cases, with faster turnaround available on request for urgent authorisations.

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.

What is an immigration social work assessment?

An immigration social work assessment is a structured professional evaluation carried out by a registered independent social worker to provide expert evidence in immigration proceedings. The assessment examines family relationships, welfare needs, the best interests of any children involved, and the impact of the proposed immigration decision on the individuals concerned. A written report is produced and used as supporting or expert evidence in Home Office applications, tribunal hearings, or court proceedings.

When do I need a social work report for an immigration application?

A social work report is needed when the decision-maker or tribunal requires independent professional evidence about family life, welfare needs, or the best interests of children. This includes entry clearance and family visa applications where the nature of the family relationship is in question, deportation proceedings where children's best interests must be assessed, applications based on caring relationships, and human rights and Article 8 claims where welfare evidence strengthens the case. Solicitors typically commission the report as part of case preparation; individuals representing themselves can also instruct directly.

Can an immigration social work assessment be done by video?

Yes. Where a party to the proceedings is outside the UK, Neil conducts the assessment by video link using a secure platform. Remote assessments are equivalent in scope and depth to in-person assessments. The resulting report carries the same professional weight and includes Neil's full registration details. This applies to family reunification cases, entry clearance applications, and any matter where in-person contact is not possible or appropriate.

What does an immigration social work report cover?

An immigration social work report covers the background circumstances of all parties, the nature and quality of family relationships, the welfare needs of any children or dependent adults, a best interests analysis where children are involved, and an assessment of the impact of the proposed immigration decision. The report sets out professional findings and opinion, references the relevant statutory frameworks including the Children Act 1989 and Section 55 of the Borders, Citizenship and Immigration Act 2009, and includes the practitioner's full name, registration number, and qualifications.

How long does an immigration social work assessment take?

A standard assessment, including interviews and report writing, typically takes two to four weeks from the date of instruction. Timescales depend on the complexity of the case, the availability of the parties, and whether assessments take place in person or by video. Where proceedings are urgent, timescales can be discussed at the initial consultation. Contact Expert Social Work Assessments as early as possible in the case preparation process.

Can a social worker help with a deportation appeal?

Yes. Where deportation is proposed and children are affected, a social worker can provide expert evidence on the best interests of those children, which decision-makers and courts are required to treat as a primary consideration. Neil carries out best interests assessments that examine the child's relationship with the person facing deportation, the child's current welfare and needs, and the likely impact of removal on the child's development and wellbeing. These reports are written for use in First-tier Tribunal and Upper Tribunal proceedings.

Do I need a social worker for a family reunification visa application?

A social work report significantly strengthens family reunification applications where the nature of the family relationship, the extent of dependency, or the welfare needs of those involved are in question. For refugee family reunion applications, and for applications under humanitarian protection routes, a social work report provides professional evidence of the family unit and the importance of the proposed reunion to the welfare of those concerned. Neil carries out these assessments in person across England and Wales and by video for overseas parties.

How do I instruct an independent social worker for an immigration matter?

Contact Expert Social Work Assessments by phone on 0330 043 9054, by mobile or WhatsApp on 07715 638 143, or by email at info@expertswa.co.uk. A free 30-minute consultation is available to discuss the case and confirm whether a social work assessment is appropriate. To proceed with a formal instruction, use the referral form on the Contact page. Solicitors and barristers can instruct directly; individuals and families are also welcome to contact us without a solicitor.

What is the COP3 form?

The COP3 is the Court of Protection capacity assessment form required for a deputyship application in England and Wales. It certifies that the person who is the subject of the application lacks the mental capacity to manage their property and financial affairs, or their health and welfare. Part A is completed by the applicant or their solicitor; Part B is the clinical capacity assessment completed by a registered medical practitioner or a registered social worker.

Who fills in COP3 Part B?

COP3 Part B must be completed by a registered medical practitioner or a registered social worker acting independently. The assessor must apply the two-stage test under the Mental Capacity Act 2005 to the specific decision of managing property and financial affairs (or health and welfare), and must have no conflict of interest with the outcome of the assessment.

Can a GP complete the COP3 form?

A GP can complete the COP3 form in principle, but as of October 2023 GPs are no longer required to do so under their NHS contract. Many GP practices now decline COP3 requests. Those that do agree often have long waiting times and may charge a private fee. For solicitors and professional deputies who need a COP3 completed promptly and to a court-ready standard, an independent social worker is now the primary route.

Why are GPs no longer doing COP3 assessments?

The NHS England Primary Medical Services and List Management Directions 2023, which came into effect in October 2023, removed the obligation for GPs to complete capacity assessments for deputyship applications as part of their NHS contractual duties. GPs are not prohibited from completing them, but they are no longer required to, and most are now declining or deprioritising COP3 requests.

How long does a COP3 assessment take?

The assessment visit typically takes between one and three hours. The completed report and COP3 form are usually produced within five to ten working days of the visit. Urgent turnarounds are accommodated where possible — please flag any court deadline at the point of instruction.

Can a social worker complete COP3 Part B?

Yes. A registered social worker is one of the two professional categories — alongside registered medical practitioners — who can legally complete COP3 Part B under the Court of Protection's requirements. Neil Courtney is registered with Social Work England (registration number SW22867) and Social Care Wales (registration number W/5112188) and is qualified and experienced to complete COP3 Part B assessments for both Property and Financial Affairs and Health and Welfare deputyship applications.

How do I instruct someone to complete COP3 Part B for a deputyship application?

To instruct Expert Social Work Assessments to complete COP3 Part B, use the referral form on the Contact page at https://www.expertsocialworkassessments.co.uk/contact-us. Please include the postcode of the person to be assessed, a brief description of their presentation, and any court deadline. Neil Courtney covers all of England and Wales.

Do I need a mental capacity assessment for a deputyship application?

Yes. A completed COP3 form is a required document in every deputyship application to the Court of Protection. COP3 Part B must be completed by a registered medical practitioner or a registered social worker who has assessed P. Without it, the application cannot proceed. The COP3 Part B is effectively the formal mental capacity assessment, structured specifically for the Court of Protection.

What does a COP3 assessment involve for a solicitor?

A solicitor's role in the COP3 process is to complete Part A of the form, which covers the background details of the application. Part B — the capacity assessment itself — must be completed by a registered medical practitioner or a registered social worker. The solicitor instructs the assessor, provides background information, and incorporates the completed COP3 Part B into the deputyship application.

How do I instruct an independent social worker for Court of Protection?

To instruct Expert Social Work Assessments, contact Neil Courtney via the referral form at https://www.expertsocialworkassessments.co.uk/contact-us, by phone (0330 043 9054), by mobile or WhatsApp (07715 638 143), or by email (info@expertswa.co.uk). Provide the postcode for the person to be assessed, confirm which decisions are to be assessed, and provide any available background documentation. Neil is registered with Social Work England (SW22867) and Social Care Wales (W/5112188) and is qualified to complete COP3 Part B for both property and financial affairs and health and welfare deputyship applications.

How long does a mental capacity assessment for deputyship take?

The assessment visit typically takes between one and three hours, depending on how the person presents on the day, the complexity of the decision, and how much collateral information is gathered. The written report is usually produced within five to ten working days of the assessment visit. Urgent turnarounds are accommodated where court timetables require a faster response — please flag any deadlines at the point of instruction.

What is the difference between a property and financial affairs deputyship and a health and welfare deputyship?

Property and financial affairs deputyship covers the management of P's money, property, and financial assets. Health and welfare deputyship covers decisions about P's care, medical treatment, and daily life. Both types require a separate capacity assessment addressing the specific decision type. In practice, many applications are made for both simultaneously, and Neil can address both in a combined assessment and report.

Legal Mental Capacity Assessments

We provide expert, independent assessments for legal purposes, including wills and court proceedings. Our clinical approach ensures robust, court-compliant reports that uphold legal integrity.

Testamentary Mental Capacity Assessments (Wills)

What is Testamentary Capacity?

Testamentary capacity is the legal level of mental understanding required to make a valid will. It ensures a person understands the extent of their property, who their potential beneficiaries are, and the significant effects of the instructions they are providing.

When is an Assessment Required?

Solicitors or families usually seek a professional assessment when an individual wishes to create or amend a will while facing memory loss or cognitive impairment. Our role is to provide an objective clinical perspective to ensure the individual is acting with full understanding.

Reducing Risk of Disputes

Our independent reports provide robust evidence to support the validity of a will. By documenting capacity at the time instructions are given, we help protect the person’s wishes and significantly reduce the likelihood of costly legal disputes between beneficiaries at a later stage.

Litigation Mental Capacity Assessments

We provide specialised assessments to determine an individual's capacity to conduct legal proceedings and manage their property and affairs. These assessments are vital for individuals involved in litigation who may have cognitive impairments affecting their decision-making abilities.

Our independent reports evaluate the person's ability to give clear instructions to solicitors and understand the implications of the legal process. This ensures that their rights are protected and that the legal team can proceed with confidence, knowing the client's capacity has been formally reviewed.

By assisting the court and legal teams with robust, court-compliant determinations, we help mitigate risks and ensure that all proceedings align with the Mental Capacity Act. Our assessments provide the necessary clinical evidence to support complex litigation and deputyship applications.

Ready to instruct our experts?

Next Steps & How to Instruct Us

01

Initial Inquiry: Contact us via phone, whatsapp, our contact form or email to discuss the specific legal assessment required for your case.

02

Information Gathering: Provide essential client details and relevant legal documentation to ensure a precise assessment scope.

03

Bespoke Quotation: Receive a clear fee structure and formal instruction confirmation within 24 hours.

04

Expert Assessment & Delivery: Our senior social workers conduct the assessment, delivering court-compliant reports typically within 7 - 14 days.