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.

Our Services at Expert Social Work Assessments

Advice

If you have an issue with some aspect of health and social care and need specific expert advice, we can support you.

You can book an initial and free of charge 30-minute telephone or video call with one of our senior social workers. We will then see if we can advise you on how to address your issue and that may be enough for you to go on to resolve your situation. (If you require a written summary of the conversation key points we can provide that too for a small fee.)

On other occasions, your situation may lead to us supporting you with our other services (e.g., advocacy or independent expert assessments). We can then devise a plan with you. We are completely flexible in how much or how little input you require.

COP3 Mental Capacity Assessments

The ‘COP3’ refers to the form that the Court of Protection requires us to fill out to evidence whether someone has or does not have mental capacity to make a specific decision. It can be for any major decision that the Court may be seeking to resolve; and is typically required for Deputyship applications when applying to the Court to be the Deputy for Property & Financial Affairs and or Personal Welfare Deputyship. We are usually instructed by Solicitors, Professional Deputies, and Members of the Public to complete these when they are applying for a Deputyship. (see FAQs for further information)

Lasting Power of Attorney (LPA)

When someone is creating a LPA there is a section in the LP1 application forms called the Certificate Provider (section 10). The role of Certificate Provider is to confirm that the applicant (donor) is making the LPA voluntarily, without undue influence or pressure from others, and fully understands what they are doing (i.e., has the Mental Capacity). There are strict rules on who can act as the Certificate Provider, (see FAQs) it is usual to instruct an independent social worker if the applicant has a cognitive impairment e.g., dementia or learning disability (or there are concerns about their understanding if there is no formal diagnosis). In such circumstances we carry out a mental capacity assessment to assess their understanding and if we are satisfied that the applicant has capacity to create the LPA, we can sign Section 10 of the form to confirm this. We can also be instructed to act as witness for the signatures if you have no one else who can do this.

On occasion, it may become necessary to end or change a LPA, the individual (donor) must have mental capacity to do this as well. We can complete a mental capacity assessment report to evidence whether the donor can or cannot make that decision. This is particularly important if the issue is contentious / people are likely to challenge this.

Deputy Applications

When you apply for a Deputyship, (Property and Financial Affairs and / or Health and Welfare), through the Court of Protection, you must include a formal Mental Capacity Assessment to show that the individual lacks capacity to make the decision regarding managing their own financial affairs and, or their own health and welfare. The Mental Capacity Assessment must be completed by a suitablty qualified / experienced social care or health professional and submitted (with all the other forms) on the COP3 form in Part B. We will carry out a visit to the person, assess their capacity for the relevant area and complete the COP3 Part B for you. We can also complete the COP14PAdep (for the property and finances application) for you, if you need us to. (Please see FAQs for more information)

Mental Capacity Assessments

When we talk about ‘Mental Capacity’ it simply means, ‘the ability to make a specific decision at the time the decision needs to be made.’ There is no ‘blanket statement’ that someone has or does not have capacity as people may have capacity for some decisions but lack capacity for others. (Each must be determined separately) There is a legislative framework (The Mental Capacity Act 2005) that we as social workers work within to ensure that our robust and comprehensive assessments meet legal scrutiny and stand up in Court. (see FAQs) As social workers, we can be instructed to assess an individual’s ability to make decisions on a very wide range of subjects – the following is not an exhaustive list but generally the decisions we cover most:

COP3 – can be many different decisions but usually Property and Financial Affairs and or Personal Welfare for a deputyship application.
Litigation – to conduct legal proceedings.
Testamentary – creating, changing or revoking a Will.
Lasting Power of Attorney - Property and Financial Affairs and or Personal Welfare (within the Certificate Provider role or to write an assessment report).
Care and Support needs / provision.
Trust / Trustee / Executor roles.
Contact with others.
Sexual Relationships.
Marriage / Divorce.
Accommodation / where to live.
Property sale / purchase;
Gifting property / money / land.

Immigration Assessments

We complete comprehensive social work assessments to support various types of Immigration cases, the usual cases are:

Entry Clearance – Wishing to come to the UK from another Country.
Under a Deportation Order to be Removed from the UK – this is usually to report on the potential effects on the children / their best interests if a parent is at risk of deportation.
Return to the UK after being deported.
Administrative Removal – due to Status / lack of VISA – for example skilled worker family, due to the change in policy for ‘dependents.’
Dependent Adult (available only if not currently in the UK) and usually around the care and support needs of the individual and the ability of the family in the UK who wishes to care for them.
Carer for a UK Citizen who wishes to remain in the UK.
Family Reunification.

Care Needs Assessments

Local Authorities, (LAs) have a statutory duty (under S.9 of the Care Act 2014) to carry out care needs assessments, (often called Care Act Assessments), ‘If there is an appearance of need.’ So where do independent social workers come into this? We are usually instructed by:

Solicitors who are disputing an LA’s care assessment / provision and need an independent assessment for evidence in Court.
Members of the Public who are in dispute with the LA about a care assessment / provision and want an independent view of the care needs to use during their complaint progression.
People who self-fund their care as they have funds over the LA threshold (and there is a long waiting list with the LA to be seen) who need a clear picture of what their needs are and how they can be met (e.g., at home, supported living, residential / nursing care) this can also lead to us arranging and reviewing the care for them.
People who need a care needs assessment in order to move into a retirement scheme and the LA can’t / won’t do that in a timely manner.
Professional Deputies who need robust care needs assessments to evidence what care their client requires.
Personal Injury Lawyers whose clients now have care and support needs following an accident / incident. Again, we can assist in arranging appropriate care.

Care Reviews

A care review is a robust review of an existing care provision with a determination on whether the care package is meeting the person’s care needs or needs to be increased or changed in some way. The Local Authority (LA) has a duty to ensure that care and support plans they have set up remain accurate, up to date and reflect a person’s needs. Therefore, an independent social worker would only get involved in the following circumstances:

For Solicitors who are disputing an LA’s care provision and need a robust review / analysis of the existing provision with recommendations for evidence in Court.
By Members of the Public who are in dispute with the LA about a care provision and want an independent review of the care package and whether it is enough / too much; to use during their complaint progression.
By people who self-fund their care as they have funds over the LA threshold, who need a review of the current care provision to ensure that it continues to meet the person’s care needs. (the LA may not review care provisions that have not been set up through them).
By families / Lasting Power of Attornies (Health) / Deputies (Health) who need a professional overview of their loved one's existing care package, residential placement, supported living, nursing home.
Professional Deputies who need to ensure that they are meeting their statutory duties and reviewing their client’s existing care provisions.
For Personal Injury Lawyers whose clients have care provisions in place, and they wish to ensure the care package remains appropriate and proportionate.

Best Interests Determinations

What happens If an individual is assessed as lacking the mental capacity to make a specific decision for themselves, but that decision must be made? Then a decision will have to be made for them, in that person’s ‘Best Interests.’ There is comprehensive guidance on what people must consider when making a decision for a person who lacks capacity for that decision. An Attorney or Deputy can make decisions for that person (within the authority of each type i.e., Health or Finances) as long as they follow this guidance:

They must assume that the individual can make their own decisions unless it is established that they cannot do so. (through a mental capacity assessment)
They must help the individual to make as many of their own decisions as they can. They must take all practical steps to help the individual to make a decision. They can only treat the individual as unable to make a decision if they have not succeeded in helping then make a decision through those steps.
They must not treat the individual as unable to make a decision simply because they make an unwise decision.
They must act and make decisions in the individual’s best interests when they are unable to make a decision.
Before they make a decision or act for the individual, they must consider whether they can make the decision or act in a way that is less restrictive of their rights and freedom but still achieves the purpose.

So how can we assist the decision maker in such circumstances? We can carry out mental capacity assessment for the decision, we can carry out an assessment of need around the decision area and then write a Best Interests Determination report. The decision maker can then use this to evidence that they have considered all factors including the individual’s own views and then make the decision. We can also arrange a Best Interests Meeting / Discussion and provide minutes to that to again evidence that you have considered everything you need to, in the decision making process.

Advocacy

What is advocacy? Advocacy in social work involves speaking, acting or writing to support those who may not be able to represent themselves.

As experienced social workers we are very well placed to assist you in navigating the landscape of the social care sector with all its jargon, policies and legislation, aiming to cut through all the confusion, frustration and anxiety that it can usually create.

Each type of advocacy we assist with is different so an initial consultation with you will unpack what the issues are and we can then develop a bespoke advocacy plan with you. That may include attending meetings, writing to various organisations for you, or simply being there to advise and support you for each stage of your situation.

Professional Deputy Services

We will assist Professional Deputies to meet their statutory duties and obligations for their clients. Including our initial COP3 Mental Capacity Assessment for the Deputyship application. Additionally we can support with our robust Mental Capacity Assessments (for any decision), our comprehensive care assessments / care reviews and our advocacy and advice roles. In essence we can support the Professional Deputies at each and every stage of their client’s journey.

Through our Professional Deputy Support Pathway Service, we can provide vital support at the very beginning of a new Deputyship process and / or continue to support the Professional Deputy throughout the life-cycle of an existing Deputyship.

Each Professional Deputy can create their own bespoke Service Pathway from the comprehensive range of our services. This allows the Professional Deputy complete flexibility and control of what services they wish to include or remove. As an example, this could include:

Initial COP3 mental capacity assessment for the application(s) P&A and or H&W.

Initial Care needs Assessment - To include DoLS (post AGNI) opinion and CHC checklist.
Care Review – To include DoLS (post AGNI) opinion and CHC checklist.
Best Interest Determinations (per decision area).
Mental Capacity Assessment (per decision area).
Advocacy Service with Report – (frequency of visit to be advised).
To include - Welfare visits to your Client to gain their wishes and feelings / monitor the situation.
To include - Contacting the Care Agency / Residential Unit to monitor the care provision.
To include - Contacting interested parties / professionals to monitor the situation.

Sourcing and Arranging Care

What happens after we have completed a care needs assessment and determined the level of care need? Some families / professionals can take that away and use it to source the correct level of care themselves, but what if you live hundreds of miles away from your loved one?

Given as we are completely independent, we have no afilations with formal care organisation so we will not recommend any particular care agency. We can however assist with care searches, make contact with care providers and let you choose which one you want based upon the information we gather. We can also set up domiciliary (home) care, up to, and including, 24 hour live in carers. We will then monitor the care provision for 4-6 weeks and then review the provision for you.

For residential placements we will do the background checks, visit the unit, talk to the manager, get quotes and feed back to you, in order for you to make an informed decision.

Financial Vulnerability Assessment

Are you concerned about an individual's vulnerability to financial abuse as they get older? Do you support a person with a learning disability or maybe you are solictor working with a client who has sustained a brain injury? We use the Litchenberg assessment method and from this we can determine the various factors that can lead to an individual being financially vulnerable. There is a rating spectrum from 'no concerns' to 'major concerns' and a risk rating that you can then determine how to support the individual.

NHS Continuing Healthcare (CHC)

NHS Continuing Healthcare (CHC) is a package of care for adults aged 18 or over which is arranged and funded solely by the NHS. In order to receive NHS CHC funding, individuals, have to be assessed by integrated care boards (ICBs) according to a legally prescribed decision making process to determine whether the individual has a ‘primary health need’.

So how can we assist with this process? We can complete the initial assessment called the 'CHC checklist.' This determines whether there may be eligiblility for CHC funding and triggers the second assessment stage 'the CHC Decisions Support Tool (DST)'. We can then prepare the evidence of need across the 12 domains, attend the assessment meeting to present that evidence, and ensure that the person's needs are accurately recorded.

CHC funding is notoriously complex and we will be very honest with you if we feel that you are unlikely to be eligible at the DST stage. You can then make the decision as to whether you wish to proceed.

Deprivation of Liberty Safeguards (DoLS)

The world of DoLS has experienced a seismic shift following the 'AGNI' judgement on the 02/06/2026. The previous 'criteria' for what constituted a Deprivation of Liberty (the acid test) has been replaced by a 'multifactoral assessment.' Many professionals are watching closely to see how this unfolds as the new approach is adopted by local authorities.

Previously, we could be instructed to carry out the BIA (Best Interest Assessor) role but the need for this role is likely to greatly diminish as fewer people are expected to be found to be deprived of their liberty under the new definition. It is not clear at this time how Local Authorities (LA) will fully meet their statutory obligations. We are currently waiting to see whether we can assist LAs as guidance, case law and policy are developed.