Before the Questions Begin: Why Preparation Matters in a Mental Capacity Assessment
Practitioner reflection: why rapport, readiness and noticing discomfort matter before formal assessment questions begin.
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24 published posts
Why Thinking About the Future Matters in a Mental Capacity Assessment
Practitioner reflection: thinking ahead, personal priorities and the freedom to make a decision others would not choose.
Read articleAphasia and Mental Capacity Assessments: Have We Taken Every Practicable Step?
For most professionals completing Mental Capacity Assessments, Principle 2 will be familiar. Before concluding that someone lacks capacity, we are legally required to take all practicab…
Read articleCHC Assessment Figures: What NHS Data Means for Families and Professionals
An editorial update to the figures discussed here: NHS England reported a 19% Standard CHC assessment conversion rate for October to December 2025. That population statistic does not pr…
Read articleNo Educational Psychologist Available? That Is Not a Legal Excuse to Delay Your Child’s EHCP
In England, a shortage of educational psychologists does not, by itself, suspend the statutory EHC assessment and plan timescales. Check the relevant deadline and any specific legal exc…
Read articleTherapeutic Assessments: A Better Way to Approach Capacity Assessment?
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 clea…
Read articleThe AGNI Decision and Residential Placements: Why It May Matter for Young People with EHCPs
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 w…
Read articleWhat the Latest State-Of-The-Art Research Tells Us About Good Testamentary Capacity Assessments
When someone makes a will, one of the most important questions is whether they had the mental capacity to make that decision at the time.
Read articleWhy a Good Induction Matters in Mental Capacity and Social Work, Even When You Bring Years of Experience
Starting a new job can be both exciting and daunting. Whether you are entering a profession for the first time or bringing years of experience with you, there is always a period of adju…
Read articleCapacity, the Court and the Expert: Why “Relevant Information” Must Include Real-World Consequences
The Court of Protection judgment in London Borough of Camden v BW & Anor (Capacity Decisions; Reasons) [2026] EWCOP 26 (T3) is an important reminder that mental capacity assessments mus…
Read articleWhy Capacity Is Always Decision-Specific (And Why That Matters)
As a mental capacity assessor, I am often asked why multiple assessments are needed for the same individual. From the outside, it can seem repetitive, even unnecessary. However, one of …
Read articleSEND Tribunal Reports: When an Independent Social Work Report Helps Your EHCP Appeal | Little Nellies
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 bey…
Read articleWhy the Supreme Court’s deprivation of liberty judgment should concern every social worker
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…
Read articleWhen Contact with a Loved One in Care Is Restricted: What Families Can Do
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 altoge…
Read articleIntroducing the Nellie Standard - A Framework for Evidence-Based Assessment, Reporting and Advocacy
At Nellie Supports, we have always believed that professional work should do more than sound confident. It should be clear, evidence-led, properly reasoned, and strong enough to stand u…
Read articleWho Can Complete a Mental Capacity Assessment?
When someone may be struggling to make an important decision, one of the first questions families and professionals often ask is:
Read articleApplying Trauma-Informed Language in Mental Capacity Assessments: Creating Psychological Safety for Vulnerable Adults
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 where…
Read articleCan Someone With Dementia Make a Gift? Capacity to Make Gifts Explained
They come up throughout the year: birthdays, weddings, religious celebrations, anniversaries, charitable donations, inheritance planning, property transfers, financial support for famil…
Read articleRe ACC and CHC Appeals: What Professional Deputies Need to Know Before Challenging a Funding Decision
Re ACC & Others [2020] EWCOP 9 is now essential reading for property and affairs deputies. It changed the way deputies must think about the limits of their authority, particularly where…
Read articleNo More “Support as Required”: Meet Little Nellies
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 kn…
Read articleWhy Assessors Must Explain the Purpose of a Mental Capacity Assessment
Before a mental capacity assessment takes place, the person being assessed should understand, as far as possible, what the assessment is about and why it is being carried out.
Read articleBalancing robust capacity assessments with person-centred practice: a tension at the heart of social work.
Abbie Cripwell reflects on a discussion within the team: how can an assessment be thorough while recognising when questioning is causing distress or fatigue?
Read articleWhen a Six-Month Prognosis Needs a Second Opinion: Why Expert Life Expectancy Reports Matter
In legal, Court of Protection, clinical negligence, statutory will and care-planning matters, a short prognosis can have significant consequences. It may affect settlement calculations,…
Read articleWhat is a therapeutic mental capacity assessment?
Mental capacity assessments are often described as a tool for identifying whether someone can make a particular decision. In England and Wales, the Mental Capacity Act 2005 supplies a l…
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