Mental capacity assessments in London

Start with the decision and intended use

If you are arranging an assessment in London, identify the decision, who needs the evidence and the relevant date. Managing a particular financial matter, deciding where to live, making a will and conducting legal proceedings are not interchangeable questions. For decisions governed by the Mental Capacity Act, support the person to decide wherever practicable; a diagnosis, age or an unwise choice does not automatically establish incapacity.

Sources: Mental Capacity Act2005 section1 · Mental Capacity Act2005 section2

Find the relevant London public route

Use the authority finder below for council assessment, carer support and advocacy information. London’s boroughs and the City of London have separate responsibilities. If someone has moved or has an out-of-area placement, ask the services to confirm responsibility rather than relying only on the current address. A private capacity report does not itself award council care or NHS funding.

Sources: Care Act2014 section9

Plan privacy, communication and participation

Explain the proposed setting and any communication, sensory, interpreting or access needs. In a hospital or care home, agree suitable privacy and involvement with the relevant staff. A hospital address is not permission for an independent appointment. For an immediate clinical or discharge concern, speak to the treating team about its own responsibilities.

Sources: Mental Capacity Act2005 section3

Check the actual journey, not just the nearest station

If travel is needed, use TfL’s accessible journey planner and current disruption information. Check the step-free route and the access needed at both ends; the nearest station is not necessarily suitable. Agree the appointment location and any travel costs before making arrangements. A remote appointment should be assessed for suitability, not assumed to solve every access need.

Sources: tfl.gov.uk

Explain who has requested the report

For a legal instruction, ask the solicitor or applicant to identify the decision, intended use and relevant legal framework. Court of Protection, LPA, will-making, retrospective and litigation work need their own appropriately reviewed scope. Do not assume that a report prepared for one purpose answers another question.

Prepare a limited initial enquiry

Give the decision, broad London area, intended recipient, any deadline and participation needs. Ask how records should be shared securely before sending a medical history or legal papers. Scope, practitioner suitability, setting, price and report timetable should be agreed before booking.

Public assessment and advocacy routes

These council and advocacy services are separate from Nellie Supports. Use the linked service to check current arrangements, the relevant area and eligibility before sharing personal information.

Common questions