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Frequently Asked Questions

  • What is a Mental Capacity Assessment to Litigate?
    A Mental Capacity Assessment to Litigate evaluates an individual's cognitive ability to understand and participate in court proceedings. Conducted by a team of experienced Social Workers, the assessment ensures fair and just legal participation.
  • Why is this assessment necessary?
    The assessment is crucial to ensure that individuals involved in legal proceedings have the cognitive ability to make informed decisions. This safeguards vulnerable individuals and upholds the legitimacy of the court proceedings.
  • What criteria must one meet to be considered capable of litigation?
    The official solicitor outlines specific criteria, such as the capacity to understand advice, the ability to make decisions in litigation, and the capacity to understand compromise. Meeting these criteria is essential for fair participation in legal matters.
  • What happens if someone lacks the required mental capacity?
    If an individual lacks the necessary mental capacity to litigate, a litigation friend may be appointed to assist in decision-making and understanding advice related to the court proceedings.
  • Who conducts the assessments?
    Our team of registered and accredited professional Social Workers at Nellie Supports conducts these assessments, adhering strictly to the Mental Capacity Act 2005 guidelines.
  • What does the assessment process involve?
    The assessment begins by gathering relevant background information about the individual. This is followed by face-to-face interactions to evaluate comprehension of legal terms, decision-making abilities, and understanding of the implications of the court case.
  • How long does it take to receive the assessment results?
    While the timing may vary based on individual circumstances, our goal is to communicate the results promptly to allow legal proceedings to proceed efficiently.
  • What does the assessment report include?
    The report outlines the findings, observations, and conclusions regarding an individual's capacity to engage in court proceedings. It is a detailed and well-documented account of the individual's mental capacity.
  • Are your reports court-compliant?
    Yes, our reports are fully court-compliant and meet the specific requirements set out in both CRP35 and Family Court Rules. Conducted by our team of registered and accredited professional Social Workers, these assessments strictly adhere to the legal framework set forth by the Mental Capacity Act 2005 and other relevant legislation. The comprehensive nature of our reports makes them suitable for presentation and acceptance in both civil and family court settings.
  • How can I schedule an appointment for a Mental Capacity Assessment to Litigate?
    To make an appointment, you can contact our team at Nellie Supports by calling 0333 987 5118 or emailing nellie@nelliesupports.com.
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