Contact decisions · England and Wales
Capacity to decide about contact
Does the person have the mental capacity to decide about contact with the particular person or people concerned?
Seeing a relative, speaking with a friend or spending time with a partner can matter deeply to a person. When their ability to decide is in question, we assess the particular contact being considered, including the relationship, available arrangements and relevant benefits and risks.
We assess whether the person can make the contact decision themselves. The assessment considers the particular relationship, the contact being proposed and the relevant benefits and risks. It is not a general verdict about everyone the person knows.
Our written report explains the evidence and our opinion. It does not give relatives or professionals permission to restrict contact.
Assessments for families and professional referrers across England and Wales.
Which contact decision needs assessing?
Please identify who the contact concerns and whether the question is about visits, calls, messages, time alone or supported meetings. The person’s wishes and experience of the relationship remain central. Family disagreement and safeguarding concerns need careful consideration without assuming that either determines capacity.
Concerns about harm or exploitation
Safeguarding concerns should be explained and supported with the available records. They may be relevant to the information the person needs to weigh, but they do not by themselves prove incapacity.
Contact is being limited
Tell us about any existing restrictions, care plan or court order. The report can provide capacity evidence; it does not itself justify or authorise a restriction.
Family or professional disagreement
We consider the person’s own wishes and the relationship’s history. Competing accounts should be identified as such, rather than one person’s view being treated as an established fact.
Understanding the relationship and the choices
The person’s own decision
We start with the presumption of capacity and take all practicable steps to support decision-making. We first consider understanding, retention, using or weighing the relevant information and communication by any means. If there is an inability, we consider whether it is caused by an impairment of, or disturbance in, the functioning of the mind or brain.
More than one account of events
Records of contact and observations before, during and after visits can help. We distinguish what the person says, what others report and what the assessor observes. A concern about a relationship does not entitle us to assume the facts or the conclusion.
An independent report
The report names the contact decision and explains the information, support, evidence, reasoning and limitations. A second qualified professional peer reviews it before secure delivery. We can clarify the report afterwards, but we cannot promise a finding that supports either side of a dispute.
- Who the other person is and their role in the person’s life.
- The nature and history of the relationship.
- What contact could involve, such as visits, calls or messages.
- The positive aspects of having contact.
- Relevant risks of distress, harm, pressure or exploitation.
- The choices available, including declining contact, changing their mind or asking for support.
Arranging a contact assessment
Explain the relationship
Tell us who the decision concerns, the contact proposed, any concerns and the intended use of the report. Mention safeguarding enquiries, restrictions or court involvement.
Prepare the evidence
We identify the relevant records and agree the scope, fee and timetable. We also discuss how to hear the person’s views without others answering for them or directing the conversation.
Meet and report
The assessor meets the person in an appropriate setting, with communication support where needed. We consider whether a face-to-face or remote appointment is suitable, including whether the person can speak freely. The written opinion is peer reviewed and sent securely; uncertainty or missing evidence is explained rather than treated as incapacity.
Useful information about the contact
Start with the decision, who needs the report and any deadline. We will explain which documents would help and how to share them securely. Please use the general enquiry form for a short summary; medical, legal and financial records should be sent through the secure route agreed with our team.
- A brief history of the relationship and the current contact arrangements.
- The proposed contact options and any support or supervision available.
- Relevant safeguarding records, protection plans, court orders or police information that can lawfully be shared.
- Daily notes or observations about the person before, during and after contact.
- Relevant medical information, earlier assessments and communication needs.
- The person’s expressed wishes and separate accounts from relatives, carers or professionals.
Fees and what is included
The standard assessment and report cost £720 including VAT for the agreed contact decision. Relevant-record review, peer review and secure delivery are included. Tell us if several relationships or other decisions are in question so that the scope and fee can be agreed first.
Capacity to decide about contact assessment
£720 including VAT
£600 net + £120 VAT
One assessment and written report on the agreed contact decision, including relevant-record review, peer review and secure delivery. Additional distinct decisions and court-specific work are quoted separately.
Mental capacity assessment reports are delivered within five working days of the completed assessment. Appointment dates are arranged through our reception and client liaison team.
Questions about this assessment
Can one conclusion cover contact with everyone?
Not automatically. The relevant information depends on the relationship and the particular decision. We identify the person or people concerned and explain any limits to the conclusion.
Does wanting unsafe contact show incapacity?
No. The assessment concerns the person’s ability to make the decision, not whether relatives or professionals approve. Relevant risks must be considered, but an unwise choice is not itself proof of incapacity.
Does the report allow a care provider to stop visits?
No. The report provides evidence about capacity. Any decision to restrict contact requires its own lawful basis and consideration; the assessment is not an authorisation.
Can the assessment include online contact?
It may, where that is the agreed contact question. Decisions about broader internet or social-media use can involve different information and may need separate assessment.
What if the person will not take part?
Tell us what has happened and what might help them engage. Refusal does not prove incapacity. We will discuss whether an assessment is possible and what limits a lack of participation would place on the evidence.
Sources and related assessments
These sources explain the assessment framework. We agree the precise question and any court or other reporting requirements for each instruction.