Mental Capacity Assessment Services

What we Do

Circle Case Management’s Mental Capacity Assessment team is led by Dr. Abi Cheeseman, critically acclaimed Clinical Psychologist.

The Mental Capacity Assessment team includes Clinical Psychologist's Neuro, SALT Therapist, RGM Mental Health Nurses, Specialist RGN Nurse and Specialist Occupational Therapist.

With a range of different specialities, the Mental Capacity Assessment team can conduct a variety of capacity assessments as well as completing COP3 documentation, retrospective assessments and lasting power of attorney.

The team are available for instruction throughout England and Wales.

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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.

The team are available for instruction throughout the U.K.