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.

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.

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.