Understanding Mental Capacity Assessments in England – And Why Circle Case Management Is Your Trusted Provider

In England, mental capacity assessments play a critical role in safeguarding individuals and supporting informed, lawful decision-making. Whether someone is preparing a Lasting Power of Attorney, undergoing a Court of Protection process, or there's a need to determine capacity after a past event (retrospective assessment), mental capacity evaluations must be conducted with care, sensitivity, and a clear understanding of the Mental Capacity Act 2005.

At Circle Case Management, we specialise in delivering clear, accurate, and legally robust mental capacity assessments tailored to individual needs. Our clinicians have extensive experience and deep knowledge of capacity law, providing trusted services across England for individuals, families, solicitors, healthcare providers, and local authorities.

In this blog, we’ll explain the different types of mental capacity assessments and why Circle is the ideal choice for this crucial service.

What Is Mental Capacity?

Mental capacity is the ability to make a specific decision at a specific time. Under the Mental Capacity Act 2005 (MCA), a person is presumed to have capacity unless proven otherwise, and any capacity assessment must follow a strict two-stage test:

1. Diagnostic Test – Is there an impairment or disturbance in the functioning of the person’s mind or brain?

2. Functional Test – Does the impairment mean the person is unable to:

   • Understand the relevant information?

   • Retain that information long enough to make a decision?

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

   • Communicate their decision?

Capacity is decision-specific and time-specific, meaning someone may lack capacity for one decision but not another, or at one time but not always.

Types of Mental Capacity Assessments

There are several types of mental capacity assessments, each used for different legal or personal circumstances. Below are the most common types we carry out at Circle Case Management:

1. Lasting Power of Attorney (LPA) Capacity Assessments

Before someone can create a Lasting Power of Attorney (LPA)—whether for health and welfare or property and financial affairs—they must have the mental capacity to understand and consent to the appointment of their attorneys.

Circle provides LPA capacity assessments to ensure:

• The individual understands the nature and effect of the LPA.

• They are making the decision freely and without coercion.

• The process meets legal standards for submission to the Office of the Public Guardian (OPG).

We offer in-person or remote assessments, with clear written statements of capacity to accompany LPA applications.

2. COP3 Court of Protection Capacity Assessments

When someone lacks capacity to make important decisions—such as managing finances, making health decisions, or choosing where to live—the Court of Protection may need to appoint a deputy. This process requires a COP3 assessment, submitted as part of the application.

Our clinicians complete detailed COP3 forms, providing:

• A professional opinion of the person’s capacity.

• Evidence-based observations.

• Compliance with the MCA framework and court requirements.

Circle is trusted by solicitors, families, and local authorities to provide timely, accurate COP3 reports that assist the court in making well-informed decisions.

3. Retrospective Capacity Assessments

Retrospective capacity assessments look back in time to determine whether an individual had capacity at a specific moment—for example:

• When signing a legal contract

• When making a will (Testamentary Capacity)

• When consenting to care or financial decisions

These assessments can be complex and sensitive, often used in contentious probate, safeguarding investigations, or negligence claims.

Circle’s professionals review medical records, care notes, and witness statements to produce comprehensive retrospective reports that are balanced, independent, and legally defensible.

4. Capacity Assessments for Health and Welfare Decisions

These assessments help determine whether an individual can make decisions about their:

• Residence or care arrangements

• Medical treatment

• Daily living choices

Such assessments are commonly used in social work, safeguarding cases, or hospital discharge planning. Our team works sensitively with individuals, families, and professionals to ensure that any intervention is necessary, proportionate, and lawful.

Why Mental Capacity Assessments Must Be Done Right

Inaccurate or poorly conducted assessments can lead to serious consequences, including:

• Breach of individual rights

• Unlawful decision-making

• Legal disputes

• Rejected applications (e.g., for LPA or deputyship)

A mental capacity assessment is not just a formality—it is a legal requirement with significant implications. That’s why it must be carried out by trained professionals who understand the law, the practical realities, and how to communicate their findings clearly and fairly.

Why Choose Circle Case Management?

At Circle Case Management, we take a holistic, professional, and person-centred approach to mental capacity assessments. Here's why we're the trusted provider across England:

✅ 1. Specialist Assessors with Legal and Clinical Expertise

Our assessments are carried out by experienced professionals, including occupational therapists, nurses, and social workers, all trained in the application of the Mental Capacity Act. We understand both the clinical context and the legal standards required.

✅ 2. Fully Compliant, Evidence-Based Reports

All our reports are:

• Clear, structured, and jargon-free

• Legally robust and MCA-compliant

• Ready for submission to the Court of Protection, OPG, or legal professionals

We ensure every report is tailored to the specific decision and backed by evidence.

✅ 3. Responsive and Reliable Service

We understand the urgency that often comes with capacity assessments, especially in legal or safeguarding situations. That’s why we offer:

• Prompt scheduling of assessments

• Fast turnaround on reports

• Excellent communication with clients throughout the process

✅ 4. Compassionate and Person-Centred Approach

Mental capacity can be a sensitive topic. Our team approaches every case with compassion, respect, and dignity. We make the process as comfortable and empowering as possible for the individual being assessed.

✅ 5. Flexible Delivery: In-Person or Remote

We can conduct assessments:

• At home or in care settings

• In hospitals or supported accommodation

• Via secure video consultation (when appropriate)

This flexibility makes our service accessible, convenient, and efficient.

Who We Work With

We regularly provide assessments and reports for:

• Individuals and families

• Solicitors and law firms

• Local authorities

• NHS and private hospitals

• Case managers

• Independent financial advisors

• Charities and advocacy organisations

What Our Clients Say

“Circle’s team provided a clear and professional COP3 assessment that helped us move forward with a deputyship application. Highly recommend them.”
– Court of Protection Solicitor

“They were sensitive, prompt, and thorough throughout the whole process. We felt supported and informed from start to finish.”
– Family Member, Kent

Let’s Talk

If you need a trusted, experienced provider for a mental capacity assessment—whether for an LPA, Court of Protection, retrospective evaluation, or a complex case—Circle Case Management is here to help.

📞 Call us: 0129724145
📧 Email: MCA@circlecm.com

We’re here to make the process straightforward, supportive, and legally sound—because every decision matters.