All Posts

An Educational Psychologist shortage is not, by itself, a lawful reason to miss your child’s EHCP deadlines. The High Court has said so, twice; therefore, you should not be forced into paying privately because the Local Authority has not arranged its own advice in time.

Capacity assessments are often viewed as formal processes designed to determine whether an individual can make a particular decision. Whilst the Mental Capacity Act 2005 provides a clear legal framework for assessing capacity, there remains considerable discussion about how assessments should be conducted in practice.

A recent Supreme Court decision involving the Attorney General for Northern Ireland, often referred to as the AGNI decision, has significantly changed the legal test used to determine whether a person is deprived of their liberty.

Recent research into the Testamentary Capacity Assessment Tool highlights why good will-making capacity assessments should be structured, evidence-led and focused on more than memory alone. This article explores what TCAT research tells us about dementia, reasoning, judgement and robust testamentary capacity assessments.

Why a Good Induction Matters in Mental Capacity and Social Work, Even When You Bring Years of Experience

Capacity assessments must consider more than generic information. This Court of Protection judgment shows why assessors must identify the real-world consequences of a decision, including risks to care, treatment, accommodation and family advocacy. It is a reminder that expert evidence must answer the correct legal question, not just describe clinical presentation.

Mental capacity is decision-specific. A person may be able to make one decision, such as making a will, but not another, such as appointing an attorney or managing complex finances. A proper assessment focuses on the exact decision, the relevant information and whether the person can understand, retain, use or weigh that information. This protects autonomy while ensuring decisions are made lawfully and safely.

The local authority has made a decision about your child's EHCP. You think the plan does not properly reflect their needs, especially around social care, daily support, or provision beyond the school day. This guide explains when an independent social work report can help your appeal, what it should cover, and when you may need wider SEND Tribunal preparation and representation. Key statistics 99% of SEND appeals decided by the tribunal were in favour of the appellant in 2024

On 2 June 2026, the Challenging Behaviour Foundation published its response to the Supreme Court judgment on deprivation of liberty. For social workers, this is not a remote legal issue. It goes directly to how we understand liberty, consent, restriction, safeguarding and human rights in the lives of disabled people. The judgment concerns a Supreme Court reference brought by the Attorney General for Northern Ireland about deprivation of liberty, mental capacity and whether a

A family member may be told that visits must be supervised. Telephone calls may be limited. Visits may be reduced to a fixed time each week. In some cases, contact may be stopped altogether. This can be deeply distressing, particularly where the family member believes the restrictions are unfair, based on misunderstanding, or imposed because they raised concerns about care. At Nellie Supports, we provide independent mental capacity assessments, capacity assessments about care

The Nellie Standard is the framework behind how Nellie Supports approaches assessment, reporting, advocacy, and evidential work. Built around clear reasoning, visible evidence, independence, and scrutiny, it sets out the standard we believe professional work should meet before families, solicitors, deputies, local authorities, NHS bodies, tribunals, or courts are asked to rely on it

A mental capacity assessment does not always have to be completed by a doctor. This guide explains who can assess capacity, why the Mental Capacity Act test is functional and decision-specific, and when a social worker or specialist assessor may be better suited.

Mental Capacity Assessments are a cornerstone of ethical and lawful decision-making in health and social care. They are designed to empower individuals to make their own decisions wherever possible. However, when working with people who have experienced trauma, particularly survivors of abuse or long-term mental health challenges, the way we communicate during an assessment becomes just as important as the assessment itself. A trauma-informed approach ensures that we do not u

birthdays, weddings, religious celebrations, anniversaries, charitable donations, inheritance planning, property transfers, financial support for family members, and sentimental gifts made during a person’s lifetime. Sometimes the gift is small and familiar.

"Re ACC [2020] fundamentally changed deputy authority for NHS Continuing Healthcare appeals. Deputies can now only represent clients up to the DST assessment meeting. Any challenge to funding decisions requires Court of Protection authority—making early-stage representation crucial to avoid costly appeals.

If you have ever opened an Education, Health and Care Plan and found phrases like “support as required,” “access to support,” “opportunities for,” or “where appropriate,” you already know the problem.

Louise is a qualified and registered Social Worker with a master’s degree in international human rights. Louise has worked with adults and older people since 2002 in varied social care roles including as a university lecturer program lead. Louise currently supports students from Oxford Brookes university as a practice educator. Louise is an emphatic but professional and will strive to achieve the very best for all stakeholders.

Balancing robust capacity assessments with person-centred practice is one of the most important challenges in mental capacity work. This blog explores how legally defensible assessments can still remain ethical, relational and supportive, particularly when a person becomes distressed or overwhelmed during the assessment process.

In Life Expectancy Reports, a second opinion is sometimes necessary to ensure a comprehensive and evidence-based prognosis

But if we apply a therapeutic nature to an assessment, then the test becomes a tool that can empower, strengthen and support P.