Mental Capacity Assessments Services

Our Mental Capacity Assessment Services

A mental capacity assessment establishes whether a person can make a particular decision for themselves at the time that decision needs to be made, in line with the Mental Capacity Act 2005.

Circle Case Management carries out independent mental capacity assessments across England and Wales, usually arranging the assessment within two weeks of enquiry and providing the report around two weeks after.

Our assessors include clinical and neuropsychologists, mental health nurses, occupational therapists, speech and language therapists and social workers, so the right professional is matched to each person and decision.

We complete capacity assessments, best-interest assessments, COP3 documentation, retrospective assessments, and lasting power of attorney assessments for adults and young people aged 16 and over.

Assessments are available in person or remotely, and fees are quoted for each case based on its complexity and confirmed before any private assessment proceeds.

Speak to our Mental Capacity Assessment team

What is the Mental Capacity Act?

The Mental Capacity Act, also known as an MCA, is a Code of practice that provides guidance for decisions made under the Mental Capacity Act 2005. It is a legal act that empowers and protects anybody that may lack capacity to make decisions about their own daily living, care and treatment. The act applies to anyone over the age of 16.

The Mental Capacity Act includes decisions regarding the persons daily living such as shopping, care and finances as well as decisions that are life altering such as surgery, marriage or living arrangements.

People who suffer with dementia, a severe learning disability, a mental health illness or have a brain injury may lack capacity but having one of the fore mentioned conditions does not automatically mean the person affected does lack capacity.

Capacity is broken down into individual assessments, a person may lack the capacity to make decisions on their finances but may still have the capacity to make decisions about their care.

The Mental Capacity Act 2005 states:

Unless proven otherwise, an assessor must assume that the person has the capacity to make a decision themselves.
Help people to make their own decisions wherever possible.
An unwise decision does not mean that the person is lacking in capacity.
Making a decision for someone who does not have capacity, must be done so in their best interests.
Care and treatment provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms

The Mental Capacity Act allows the person involved to voice their opinion for care and treatment, and to appoint a trusted person to make a decision on their behalf should they lack capacity in the future. This can be a family member, friend or a professional deputy. As well as this an independent advocate should be provided to support and offer guidance on decisions.

How is Mental Capacity Assessed?

The Mental Capacity Act sets out a 2-step test of capacity:

Is the person suffering with an impairment of their brain or mind from the result of illness or external factors such as drug or alcohol use?
Are specific decisions unable to be made when needed, because of the impairment? The person may lack capacity to make some decisions, but still have the capacity to make other decisions. A persons capacity can fluctuate with time – someone may lack capacity at a certain time, but may be able to make the same decision at a later point in time.

A person should be allowed the time to make a decision themselves, where appropriate.

The Mental Capacity Act states that a person is unable to make a decision if they can’t:

Understand the information regarding to the decision
Retain the information given to them.
Use the information given to them as part of the thinking process to make a decision.

Blogs

Featured Mental Capacity Assessment Blogs

Mental Capacity Assessment Services FAQs

How long will the assessment take?

We usually allow one to two hours for the assessment appointment. Our assessors understand that discussing these matters can be tiring or stressful, so they will naturally offer regular breaks if the recipient needs them. The primary key to a successful mental capacity assessment is ensuring the individual is as comfortable, relaxed, and supported as possible before the process begins and throughout its duration.

How long will it take to get my report/ CoP3?

We aim to book the appointment within two weeks of your first enquiry. Following the face-to-face or virtual meeting, we allow approximately two further weeks for the final findings to be sent out to you. This standard four-week total timeline allows our team sufficient time for detailed report writing, thorough internal quality control, and formal dispatch.

When will I be invoiced?

For private enquiries: All fees must be settled and paid in full before the formal assessment takes place.
For all other instructions (e.g., solicitors or local authorities): The invoice will be issued shortly after or alongside the final expert witness report, once all findings are complete.

What information will I need to provide at point of initial enquiry?

To help us match the right professional – such as a specialist social worker – to your specific case, it is incredibly useful to provide the following details when you first get in touch:

The client's age: Confirming whether the recipient is a young person (aged 16+) or an adult.
Location and format: The client's location in the country and whether you require a face-to-face or virtual meeting (please provide a full postcode for any in-person requests).
Clinical presentation: Any known medical history, injuries, diagnoses, or cognitive difficulties.
Reason for instruction: What specific decision needs to be made, and why there is a question over the person's current capacity.
Risk factors: Crucially, please disclose any mental health complications or risks associated with a face-to-face meeting, including past dangerous behaviour or safe-visiting protocols.
Type of assessment: The legal context of the instruction (e.g., Testamentary Capacity, Property & Affairs, Litigation, or Lasting Power of Attorney).

What if I require multiple assessments?

Please notify our team immediately if your client needs to be assessed for several distinct decisions. Under the Mental Capacity Act, mental capacity assessments in the UK are decision-specific; an individual may have the capacity to make decisions about daily care but lack it for complex financial matters. If multiple separate subjects must be covered, we usually require more than one appointment. This will alter the final price quoted, so letting us know early ensures we can provide an accurate, transparent quote on a case-by-case basis.

The team are available for instruction throughout England and Wales

Meet the Team

Caroline Lewis

Specialist Occupational Therapist

Mental CapacityAssessment Services