In July 2023, Nellie Supports, as expert mental capacity assessors, took note of the new CoP3 capacity assessment form released by the Court. The updated form, which aligns with the latest case law expectations for capacity assessments, is available for practitioners on the government's website.
What’s New?
Assessors can now evaluate multiple domains of capacity on a single form, provided these are clearly distinguished.
Detailed practical steps to assist the individual in making their decision must be included.
Assessors are required to explicitly define the "relevant information" for each domain being assessed.
Details of support given to help the person comprehend the "relevant information" must be outlined, including any additional steps that could be considered as per Principle 2 of the Mental Capacity Act (2005)
Evidence that supports the conclusion about the individual’s inability to understand, retain, use, weigh, or communicate the "relevant information" is required. Assessors must then confirm whether this is due to an impairment or disturbance in the individual's mental functioning.
An explanation of why the impairment or disturbance leads to the individual's incapacity for the decision(s) is required, the causes nexus.
The form now requires the assessor to specify if the assessment was conducted in person or remotely, importantly it also asks, if conducted remotely, what is the reason for this.
Assessors should indicate whether they anticipate the individual regaining capacity in the future, and provide reasons for this assessment.
At Nellie Supports, we take the challenges of adapting to new forms and regulations seriously.
To ensure that our high-quality report writing is not compromised due to the limited space on the new CoP3 form, we will utilise additonal assessment reports for each specific decision that are CPR35 compliant. These will be submitted as individual exhibits, giving us the space needed to provide detailed and full reports that meet both legal standards and the expectations of our clients.
By taking this approach, we're committed to upholding our high standards for comprehensive, legally compliant assessments, irrespective of any changes to the CoP3 form.
For expert assistance with the newly updated CoP3 form, don't hesitate to reach out to Nellie Supports at www.nelliesupports.com or call us at 📞 0333 987 5118.