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. Under the Mental Capacity Act 2005, capacity is always decision-specific and time-specific — a person may have capacity to decide where they want to live but not to manage a complex financial arrangement. This guide explains what a mental capacity assessment involves, who can carry one out, and how to instruct an independent social worker for this work in England or Wales.
 
What is a mental capacity assessment?
A mental capacity assessment applies the two-stage test set out in the Mental Capacity Act 2005.
 
Stage one — the diagnostic test The assessor establishes whether there is an impairment of, or disturbance in the functioning of, the mind or brain. This may include dementia, acquired brain injury, learning disability, mental health conditions, neurological conditions, or the effects of medication or substance use.
 
Stage two — the functional test If a relevant impairment is identified, the assessor then considers whether that impairment means the person is unable to:

• understand the information relevant to the decision

• retain that information long enough to make the decision

• use or weigh that information as part of the decision-making process

• communicate their decision (by any means)
   

If a person cannot do one or more of these things as a result of the impairment, they are assessed as lacking capacity for that specific decision at that time. A person is never assumed to lack capacity — the starting position, set out in the Act, is always that capacity is present until assessed otherwise.
 
Legislative framework
Mental capacity assessments in England and Wales are governed by:

• Mental Capacity Act 2005 — the primary statutory framework, including the five principles that underpin all capacity work

• Mental Capacity Act 2005 Code of Practice — the authoritative guidance on applying the Act

• Court of Protection Rules 2017 — the procedural rules that apply when matters are referred to the Court of Protection

• Supreme Court judgment in Aintree University Hospitals NHS Foundation Trust v James [2013] — established the best interests standard in end-of-life cases

• The Mental Capacity (Amendment) Act 2019 — introduced the Liberty Protection Safeguards framework (implementation pending)
   

Who can carry out a mental capacity assessment?
The Mental Capacity Act 2005 does not restrict who can assess capacity for most day-to-day decisions — in principle, any person involved in the care of an individual can assess capacity for the decision at hand. However, for formal legal and Court of Protection purposes, the assessment must be carried out by a suitably qualified professional whose report will withstand scrutiny.
 
For Court of Protection applications — including COP3 assessments for deputyship — the assessment must be completed by a registered medical practitioner or a registered social worker. As of October 2023, GPs are no longer contracted to carry out COP3 assessments under their NHS contract, making independent social workers a primary route to obtaining this assessment.
 
Neil Courtney, Senior Independent Social Worker is registered with Social Work England (registration number SW22867) and Social Care Wales (registration number W/5112188). He is qualified and experienced to carry out mental capacity assessments for any purpose, including COP3 assessments for deputyship applications, best interest determinations, and retrospective capacity assessments.
 
The assessment process
Every mental capacity assessment carried out by Expert Social Work Assessments follows the same structured approach.
 
1. Instruction and scoping  - A solicitor, professional deputy, local authority, care organisation, or family member contacts Expert Social Work Assessments with the referral details. The specific decision or decisions to be assessed are agreed at this stage, along with the purpose of the assessment (for example, a COP3 for a deputyship application, or a capacity assessment to inform a best interest decision about care arrangements).
 
2. Background review - Neil reviews any existing records, reports, or documentation relevant to the person's history and current circumstances. This may include medical records, care plans, social care records, or previous assessments.
 
3. Assessment visit - Neil meets with the person being assessed, usually in their home or in the care setting where they live. The assessment takes as long as it needs to — there is no fixed duration. For more complex decisions or where the person's ability to engage varies across time, more than one visit may be required.
 
4. Collateral information - Where relevant and appropriate, Neil speaks with family members, carers, or other professionals who know the person well and can provide context about how the person presents, how they have engaged with decisions in the past, and any fluctuations in their presentation.
 
5. Report -A full written report is produced, applying the two-stage test to the specific decision identified at the outset. The report explains the reasoning in full and is written to a standard that will be accepted by the Court of Protection, a solicitor, a professional deputy, or a local authority.
 
6. Turnaround - Reports are produced promptly. Urgent requests, including those with impending court deadlines, are accommodated where possible — please flag this at the point of instruction.
 
Decisions commonly assessed
Neil carries out mental capacity assessments for a wide range of decisions, including:

• Residence and care arrangements

• Contact with family members or others

• Management of finances and property (including COP3 assessments for deputyship applications)

• Consent to medical treatment

• Consent to social care interventions

• Litigation capacity

• Tenancy agreements

• Marriage and sexual relationships

• Making or changing a will (testamentary capacity — assessed using the Banks v Goodfellow test)

• Making or revoking a Lasting Power of Attorney

• Decisions about immigration and family matters
   

COP3 assessments for deputyship
The COP3 is the Court of Protection form used to certify that a person lacks the mental capacity to manage their property and financial affairs, or their health and welfare. It is a required document in any deputyship application.
 
The COP3 has two parts:

• Part A is completed by the solicitor handling the deputyship application.

• Part B is completed by a registered medical practitioner or a registered social worker who has assessed the person.
   

Expert Social Work Assessments provides COP3 Part B assessments for both Property and Financial Affairs deputyship applications and Health and Welfare deputyship applications. The report is produced to the standard required by the Court of Protection and can be completed promptly to meet court timetables.
 
Best Interest Determinations
Where a person is assessed as lacking capacity for a specific decision, someone else must make that decision on their behalf — and the decision must be made in that person's best interests. Section 4 of the Mental Capacity Act 2005 sets out the factors that must be considered in any best interest decision.
 
Neil is a qualified Best Interest Assessor (BIA) and carries out formal Best Interest Determinations where required. This is distinct from, but closely connected to, mental capacity assessment work. A Best Interest Determination typically involves:

• Reviewing the person's known wishes, feelings, beliefs and values

• Consulting with family members, carers, and relevant professionals

• Considering less restrictive alternatives

• Producing a structured best interest report
   

Where the best interest decision relates to a Deprivation of Liberty (for example, care arrangements in a care home, hospital, or supported living setting), a formal DoLS BIA assessment may be required. Neil is qualified and experienced in this area.
 
Fields of practice
Neil's mental capacity and best interest work spans the following areas:

• Dementia and cognitive decline in older adults

• Acquired brain injury (including traumatic brain injury and hypoxic brain injury)

• Learning disability and learning impairment

• Autism and ADHD

• Neurological conditions (including Parkinson's, Huntington's, MS, and Motor Neurone Disease)

• Mental health conditions (including schizophrenia, bipolar disorder, and personality disorders)

• Alcohol and substance misuse

• Physical disability (where this affects cognitive function)
   

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

• Mental Capacity Assessments (any decision, with report)

• COP3 assessments — Part B (Property and Financial Affairs and Health and Welfare)

• Retrospective mental capacity assessments

• Best Interest Determinations

• Best Interest Assessor (BIA) assessments under the Deprivation of Liberty Safeguards

• Section 21a challenges

• Testamentary capacity assessments (Banks v Goodfellow test)

• Litigation capacity assessments
   

Geographic reach
Neil carries out in-person mental capacity assessments across all of England and Wales. A postcode is required when requesting a quote so that travel can be accurately accounted for.
 
Independence
Expert Social Work Assessments has no affiliations or ties to any formal care organisation. Every assessment and report produced is fully independent. This matters for court-facing work and for instructing professionals who need an objective opinion — the value of an expert report rests on the assessor having no stake in the outcome.
 
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.
 
FAQ
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 — please flag any court deadlines at the point of instruction.
 
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. A person can also lack mental capacity for a specific decision without having a mental health diagnosis — for example, as a result of dementia, brain injury, or learning disability.
 
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. Please contact us with the postcode and a brief description of the matter.
 
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, or where the decision involves a serious or contested matter, 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.