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Mental Capacity Assessment for Residency: Deciding Where to Live
Specialist residence capacity assessments across England and Wales
Nellie Supports provides specialist mental capacity assessments for residence decisions across England and Wales.
A residence capacity assessment considers whether a person can make a specific decision about where they live. This may include whether they can understand, retain, use or weigh information about their current accommodation, proposed placement, care and support needs, risks, restrictions, alternatives and the likely consequences of accepting or refusing a particular living arrangement.
Nellie Supports is England and Wales’ largest specialist mental capacity assessment provider and specialist private social work practice. Our assessments are delivered by a permanent full-time multidisciplinary team, not an ad hoc associate, contractor or referral-panel model. We have completed thousands of formal assessments, including residence, care, Court of Protection and deputyship-related assessments.
Our assessments are decision-specific, evidence-led and structured around the Mental Capacity Act 2005. They are prepared for families, solicitors, local authorities, care providers, deputies and professional referrers where required.
Trusted by Thousands. Guided by Experience. Committed to You.
100% Coverage
We provide 100% coverage across England and Wales, making it easier for families, solicitors, deputies and professionals to access specialist assessments wherever they are needed. Our service is designed to be responsive, consistent and available nationally.
100+Years Experience
Our team brings together well over 100 years of combined professional experience across social work, mental capacity, safeguarding, care planning and specialist assessment practice. This depth of experience helps us approach each assessment with confidence, clarity and professional judgement.
4.9 * Rating on Google
Rated 4.9 stars on Google, our reviews reflect the trust placed in us by families, solicitors, case managers and other professionals. We are proud to be recognised for clear communication, reliable support and high-quality assessment reports.
11,000+ Assessments and Reports
With over 11,000 assessments completed, we have extensive experience supporting a wide range of decision-specific needs. Our reports are structured, evidence-based and prepared with the practical requirements of families, professionals and legal settings in mind.
What is a mental capacity assessment for residency?
Every Nellie Supports residency capacity assessment includes the full assessment process that underpins our specialist mental capacity work, adapted specifically to the decision about where the person lives.
Home visit or video assessment
We arrange either a face-to-face visit or video assessment, depending on what is most appropriate for the person, the decision being assessed and the circumstances of the case.
Assessments may take place at home, in a care home, in supported living, in hospital where appropriate, at a professional location, or remotely where suitable.
Gentle, professional assessment
The assessment is carried out in a calm, respectful and professional way, with the person’s needs, presentation and communication style taken into account throughout.
Our aim is to support the person to participate as fully as possible, not to catch them out.
Decision-specific approach
The assessment focuses on the exact residence decision that needs to be made, rather than giving a general view of capacity.
This may include whether the person can decide to remain at home, return home from hospital, move into a care home, move into supported living, or choose between different living arrangements.
Mental Capacity Act compliant
Every assessment is completed in line with the Mental Capacity Act 2005 and applies the legal test to the specific residence decision in question.
The report considers whether the person can understand, retain, use or weigh the relevant information and communicate their decision, as well as whether any inability to decide is because of an impairment of, or disturbance in, the functioning of the mind or brain.
Relevant information for residence
We identify the information the person needs to understand for the residence decision being assessed.
This may include their current accommodation, proposed accommodation, care and support arrangements, risks, restrictions, alternatives, family contact, and the likely consequences of accepting or refusing a particular living arrangement.
Written capacity report
At the end of the service, you receive a written mental capacity report explaining the decision assessed, the relevant information, the practicable steps taken, the person’s responses, the evidence considered and the reasoning behind the conclusion.
The report can be prepared for families, solicitors, local authorities, deputies, care providers or Court of Protection use where required. No provider can guarantee how a court, public body or decision-maker will treat an individual report.
Residency Capacity Assessment Fees and Timescales
Single Decision COP3 Assessment
Dual Decision COP3 Assessment
Travel time, where applicable
£600.00
£1100.00
£50.00 per hour
5 to 10 Working Days
Please note that VAT and travel charges are not included in the prices shown. If timing is important, please let us know at the enquiry stage and we will advise on the earliest available appointment and quickest turnaround.
Why people choose Nellie Supports for residency capacity assessments
Choosing the right professional to complete a residency capacity assessment matters. Decisions about where a person lives can involve safety, independence, family disagreement, safeguarding concerns, hospital discharge, care planning and Court of Protection evidence.
At Nellie Supports:
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our residency capacity assessments are decision-specific and focused on the actual living arrangement being considered
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our reports are prepared for families, solicitors, deputies, local authorities, care providers and professional referrers where required
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our assessments are delivered by permanent full-time members of the Nellie Supports team, not ad hoc associates or referral-panel professionals
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every assessment is structured around the Mental Capacity Act 2005 and the person’s ability to understand, retain, use or weigh the relevant information and communicate their decision
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we consider the person’s current accommodation, proposed accommodation, care and support arrangements, risks, restrictions, alternatives and likely consequences
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we take a calm, therapeutic and person-centred approach to the assessment conversation
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where appropriate, our assessors can use Montreal Cognitive Assessment screening as supporting evidence
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every report is reviewed before issue for quality, clarity and consistency
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our work is supported by the Nellie Standard™ and Professional Standards framework
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we have completed thousands of formal assessments across England and Wales
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Whether the issue is hospital discharge, a proposed care home move, a return home, supported living, family disagreement or a Court of Protection application, our role is to make the capacity evidence clear, structured and dependable.
No provider can guarantee how a court, public body or decision-maker will treat an individual report. Nellie Supports provides clear, evidence-led professional opinion within the scope of the instruction.
What happens during the assessment
We understand that decisions about where someone lives can be emotional, urgent and difficult. Our aim is to make the assessment calm, respectful and supportive, while still ensuring that the final report is clear, robust and properly reasoned.
A residency capacity assessment will usually involve:
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confirming the exact residence decision that needs to be assessed
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reviewing relevant background information
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identifying the person’s current living arrangement and proposed options
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identifying the relevant information the person needs to understand
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considering the person’s communication, sensory, cognitive and emotional needs
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explaining the purpose of the assessment in a way the person can understand
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giving the person practicable support to engage with the decision
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assessing whether the person can understand, retain, use or weigh the relevant information
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assessing whether the person can communicate their decision
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considering whether there is evidence of an impairment of, or disturbance in, the functioning of the mind or brain
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considering whether any inability to decide is because of that impairment or disturbance
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recording the person’s wishes, feelings, views and presentation
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explaining the reasoning behind the conclusion in a written report
The assessment is not designed to catch the person out. It is designed to give them a fair opportunity to show whether they can make the specific residence decision themselves, with appropriate support.
Where appropriate, our assessors may use additional cognitive screening, such as the Montreal Cognitive Assessment, as supporting evidence. Cognitive screening does not replace the mental capacity assessment, but it may help evidence an impairment or disturbance where that is relevant.
For related services, see our Mental Capacity Assessments and COP3 Mental Capacity Assessment pages.
What makes a residency capacity assessment court-compliant?
A court-compliant residency capacity assessment is prepared to help a solicitor, deputy, local authority, professional decision-maker or the Court of Protection understand whether a person can make the specific decision about where they live.
It should not be a general opinion that someone “has capacity” or “lacks capacity”. It should identify the residence decision being assessed, explain the relevant information, record the practicable steps taken to support decision-making, apply the Mental Capacity Act 2005 test, consider the diagnostic stage and explain the reasoning behind the conclusion.
A strong residency capacity report should usually explain:
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what residence decision needs to be made
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what living arrangements are being considered
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what information the person needed to understand
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what support was offered to help the person make the decision
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whether the person could understand, retain, use or weigh the relevant information
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whether the person could communicate their decision
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what evidence was considered
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whether there was an impairment of, or disturbance in, the functioning of the mind or brain
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whether any inability to decide was because of that impairment or disturbance
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why the assessor reached their opinion
Nellie Supports prepares residency capacity assessments for families, solicitors, deputies, local authorities, care providers and professional referrers across England and Wales.
Our assessments are delivered by a permanent full-time team and supported by the Nellie Standard™ and Professional Standards framework.
No provider can guarantee how the Court of Protection, a local authority, a public body or any other decision-maker will treat an individual report. Nellie Supports’ role is to provide clear, structured and evidence-led professional opinion within the scope of the instruction.
Documents and information to prepare
Documents and information to prepare
To complete a residency capacity assessment properly, it helps to gather the relevant background information before the appointment.
This may include:
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the specific residence decision that needs to be assessed
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the person’s current address and living arrangements
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the proposed accommodation or placement being considered
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details of any alternative living arrangements
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information about the person’s care and support needs
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care plans, support plans or placement information
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hospital discharge summaries, where relevant
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local authority assessments, safeguarding records or best interests meeting notes, where available
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relevant medical records, diagnoses or GP information
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details of any known cognitive impairment, dementia, brain injury, learning disability, mental health condition or fluctuating presentation
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previous mental capacity assessments
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any Court of Protection paperwork, if proceedings are involved
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details of attorneys, deputies, solicitors, local authority professionals or key family members involved
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information about family disagreement, safeguarding concerns, pressure or undue influence, where relevant
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details of communication needs, interpreters, advocates or adjustments that may help the person engage
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information about the person’s wishes, feelings, beliefs and previously expressed views about where they live
The clearer the residence decision is at the start, the easier it is to make sure the assessment is properly focused.
For example, the assessment may need to consider whether the person can decide to remain at home, return home from hospital, move into a care home, move into supported living, or choose between two or more possible living arrangements.
Where the issue may involve Court of Protection proceedings, deputyship or formal professional evidence, please provide any relevant instructions, application details or documents before the appointment wherever possible.
For wider decision-specific assessments, see our Mental Capacity Assessments and COP3 Mental Capacity Assessment pages.
What happens if the person lacks capacity?
If the assessment concludes that the person lacks capacity to make the specific residence decision, the report can be used to help inform the next lawful decision-making process.
A finding that someone lacks capacity does not mean that they can simply be moved wherever others think best. It means that the decision must usually be made in the person’s best interests, following the Mental Capacity Act 2005 and taking account of the person’s wishes, feelings, values, relationships, risks and available options.
Depending on the situation, the next step may involve:
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a best interests meeting
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further discussion with family members or professionals
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review of the proposed care or support arrangements
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consideration of less restrictive options
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local authority, hospital or care provider involvement
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solicitor advice
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a Court of Protection application, where there is serious dispute, complexity or no agreement about what should happen
The capacity assessment does not make the best interests decision. It provides evidence about whether the person can make the residence decision for themselves.
If Court of Protection involvement is required, the report may help the court understand the person’s ability to make the relevant decision, the evidence considered and the reasoning behind the conclusion. No provider can guarantee how the court, a local authority or any other decision-maker will treat an individual report.
Where the person lacks capacity, Nellie Supports aims to provide a clear, structured and evidence-led report so that families, deputies, solicitors, local authorities and professionals can understand the assessment outcome and decide what lawful steps may be needed next.
Who this assessment is for
Families and relatives
A residency capacity assessment is for families who need clear evidence about whether a person can decide where they live.
This may be needed where there is disagreement about returning home, moving into a care home, entering supported living, remaining in hospital, or accepting a proposed care arrangement.
The assessment helps families understand whether the person can make the residence decision themselves, or whether a best interests process may be needed under the Mental Capacity Act 2005.
Solicitors and deputies
A residency capacity assessment is for solicitors, deputies and attorneys who need decision-specific evidence about where a person should live.
This may be relevant where the matter involves a Court of Protection application, deputyship issue, disputed placement, property decision, care funding issue or professional instruction.
The report can help clarify whether the person can understand, retain, use or weigh the relevant information about their living arrangements and communicate their decision.
Local authorities and professionals
A residency capacity assessment can support local authorities, social workers, care providers, hospitals and professional referrers where there is uncertainty about a person’s ability to decide where they live.
This may arise during hospital discharge, safeguarding work, care planning, placement review, supported living decisions, or disputes about whether a person can safely remain at home.
Nellie Supports provides independent, decision-specific assessments across England and Wales, delivered by a permanent full-time team.
When you may need a residency capacity assessment
Hospital discharge or returning home
A residency capacity assessment may be needed where a move into a care home, nursing home or supported living placement is being considered.
The assessment focuses on whether the person can understand where they would live, what support they would receive, what restrictions may apply, what alternatives exist, and what may happen if they accept or refuse the move.
Residence and care decisions often overlap, but they are not always the same decision. Where needed, Nellie Supports can help clarify whether the assessment should cover residence, care, or both.
Care home or supported living decisions
A residency capacity assessment may be needed where a move into a care home, nursing home or supported living placement is being considered.
The assessment focuses on whether the person can understand where they would live, what support they would receive, what restrictions may apply, what alternatives exist, and what may happen if they accept or refuse the move.
Residence and care decisions often overlap, but they are not always the same decision. Where needed, Nellie Supports can help clarify whether the assessment should cover residence, care, or both.
Family disagreement or safeguarding concerns
A residency capacity assessment may be needed where family members, professionals or services disagree about where the person should live.
This may involve concerns about self-neglect, falls, medication, exploitation, undue influence, isolation, care refusal or whether the person is being pressured into or out of a placement.
The assessment does not decide what is in the person’s best interests. It provides evidence about whether the person can make the residence decision themselves.
What is a residency capacity assessment?
A decision-specific assessment
A residency capacity assessment considers whether a person can make a specific decision about where they live.
It is not a general assessment of whether someone “has capacity”. The assessment must focus on the actual residence decision being made at the relevant time.
For wider decision-specific assessment services, see our Mental Capacity Assessments page.
What the assessment considers
The assessment considers whether the person can understand, retain, use or weigh the relevant information and communicate their decision.
For a residence decision, this may include their current accommodation, the proposed accommodation, care and support arrangements, risks, restrictions, alternatives and likely consequences.
The assessment should be tailored to the person’s actual situation. It should not overwhelm them with irrelevant information or reduce the decision to a simple preference about where they would like to be.
What the report explains
The final report explains the decision assessed, the relevant information, the practicable steps taken, the person’s responses, the evidence considered and the reasoning behind the conclusion.
Where required, the report can be prepared for families, solicitors, deputies, local authorities, care providers, hospitals or Court of Protection use.
No provider can guarantee how a court, public body or decision-maker will treat an individual report. Nellie Supports’ role is to provide clear, structured and evidence-led professional opinion within the scope of the instruction.
The legal test for a residency capacity assessment
The Mental Capacity Act test
A residency capacity assessment must apply the Mental Capacity Act 2005 to the specific residence decision in question.
The question is not whether the person has a diagnosis, appears vulnerable, makes risky choices or needs support generally. The question is whether they can make this particular decision about where they live.
A person should not be treated as unable to make a decision simply because others think their decision is unwise.
Functional ability
The assessment considers whether the person can understand, retain, use or weigh the relevant information and communicate their decision.
If the person cannot do one or more of those things, the assessor must consider whether that inability is because of an impairment of, or disturbance in, the functioning of the mind or brain.
This is why the report must explain both the person’s functional ability and the causal link between any impairment or disturbance and the inability to make the decision.
Practicable support
Before concluding that someone lacks capacity, practicable steps should be taken to support them to make the decision where possible.
This may include using clearer language, visual information, extra time, breaks, communication support, hearing or visual aids, familiar settings, or support from someone who knows the person well.
Nellie Supports’ approach is designed to give the person a fair opportunity to show whether they can make the residence decision themselves.
Why decision-specific matters
Capacity is not general
Mental capacity is not assessed in the abstract. A person may have capacity for some decisions but not others.
For residency, the question is whether the person can make the specific decision about where they live, not whether they can manage every aspect of care, finances, medication or daily life.
This distinction is important because residence decisions can become confused with care planning, safeguarding, deprivation of liberty, family conflict or funding issues.
The relevant information must be clear
A useful assessment depends on identifying the relevant information for the actual residence decision.
That usually means clarifying the options available, the risks and benefits of each option, the support available, any restrictions, the likely consequences of each choice and what may happen if no change is made.
If the relevant information is unclear, the assessment may become too broad, too vague or less useful for families, professionals or the Court of Protection.
More than one decision may need assessing
Sometimes a residence decision sits alongside a separate care decision, financial decision, safeguarding issue or Court of Protection application.
Where more than one decision is being assessed, each decision should be identified and addressed separately.
Nellie Supports can help clarify whether the instruction should cover residence only, care only, or both residence and care.
What the assessor evaluates
The residence decision
The assessor evaluates the exact residence decision that needs to be made.
This may include whether the person can decide to remain at home, return home from hospital, move into a care home, move into supported living, live with family, or choose between different accommodation options.
The assessment should focus on the real options available, not hypothetical choices that are not actually being considered.
Understanding and weighing information
The assessor considers whether the person can understand, retain, use or weigh the information relevant to the residence decision.
This may include practical information about care, safety, supervision, restrictions, distance from family, daily routine, access to support, and the consequences of accepting or refusing a proposed move.
The assessor records the person’s views, wishes, feelings and reasoning, not just whether professionals agree with their choice.
Evidence and reasoning
A strong report explains the evidence behind the conclusion.
This may include information from the assessment interview, records, care plans, hospital discharge information, previous assessments, professional views and relevant family or advocate information.
The conclusion should be reasoned, decision-specific and linked to the Mental Capacity Act 2005 test, rather than based on diagnosis, age, disability, appearance or general vulnerability.
Our Therapeutic Assessment Approach to Residence Capacity Assessments
This reflects two core principles of the Mental Capacity Act 2005: Principle 1, that a person must be assumed to have capacity unless it is established that they lack it; and Principle 2, that a person is not to be treated as unable to make a decision unless all practicable steps have been taken to help them do so without success.
In Residence Capacity Assessments, our therapeutic assessment approach means the assessment interview is structured but not adversarial. The person should be supported to participate as fully as possible, with the assessor using clear language, appropriate pacing, reassurance, prompts or breaks where needed.
This is especially important because a capacity assessment is not designed to catch the person out. It is designed to understand whether, with appropriate support, the person can make the specific decision being assessed. In this context, the conversation should support the person to explore where they live, the care or support available, risks, alternatives and the practical consequences of the residence decision.
The therapeutic nature of the conversation does not reduce the evidential standard of the report. The written output has a different function: it records the decision assessed, the relevant information, the practicable steps taken, the person’s responses, the evidence considered and the reasoning behind the conclusion.
The written output serves a different function. Reports, reviews and written submissions are prepared to be evidence-based, decision-specific and clear, so that the reasoning can be understood by the person, family, professionals or formal decision-maker relying on the work.
How The Nellie Standard™ Applies to Residence Capacity Assessments
This service is delivered in accordance with The Nellie Standard™, Nellie Supports’ framework for evidence-led assessment, reporting and advocacy.
For Capacity for Residency, The Nellie Standard™ means the assessment is approached as evidence-led, decision-specific and capable of professional scrutiny. The purpose is not simply to record an opinion, but to identify the exact decision being assessed, clarify the relevant information, consider practicable steps to support the person, and apply the functional test under the Mental Capacity Act 2005.
In this service, particular attention is given to the person’s understanding of residence options, care arrangements, risks, support, consequences and the practical reality of where they live. The report should show what evidence was reviewed, what was observed during the assessment, what information came from records or collateral sources, and how that evidence supports the conclusion. A diagnosis, risk concern or family disagreement is not treated as a substitute for analysis.
Where the matter is complex, contested or likely to be relied upon by solicitors, deputies or the Court of Protection, the assessment may require fuller evidence review, careful consideration of limitations, and a clear explanation of the causal link between any impairment or disturbance and the person’s ability to understand, retain, use or weigh the relevant information or communicate the decision.
Evidence before opinion; Correct test first; Residence-specific analysis; Supportive process; Transparent reasoning; Clear conclusions
Common COP3 Capacity Assessment Questions
If a person has mental capacity to decide where they live, they cannot be forced to move into a care home simply because family members or professionals think it would be safer.
If the person lacks capacity to make the residence decision, the decision must usually be made through a best interests process under the Mental Capacity Act 2005. This should consider the person’s wishes and feelings, available options, risks, restrictions, family views and less restrictive alternatives.
A person is allowed to make an unwise or risky decision if they have capacity to make that decision.
A residency capacity assessment considers whether the person can understand, retain, use or weigh the relevant information about returning home, including the support available, risks, alternatives and likely consequences.
The assessment does not decide what is safest. It provides evidence about whether the person can make the residence decision themselves.
Yes. Capacity can change depending on the person’s health, cognition, environment, medication, distress, infection, fatigue or support available at the time of the decision.
This is why the assessment should focus on the specific residence decision at the relevant time. If the person’s presentation changes significantly, a further assessment may be needed.
No. A residency capacity assessment considers whether the person can make the decision about where they live.
A best interests decision is only needed if the person lacks capacity to make that decision. The assessment provides evidence about capacity, but it does not itself decide where the person should live.
Why families, solicitors and deputies choose Nellie Supports
Families, deputies and solicitors choose Nellie Supports when they need clear, independent and decision-specific evidence about where a person should live.
Residency decisions can involve difficult questions about safety, independence, care, family contact, hospital discharge, safeguarding, supported living or care home placement. Our role is to assess whether the person can make the specific residence decision themselves, and to explain the evidence and reasoning clearly.
At Nellie Supports:
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assessments are delivered by a permanent full-time multidisciplinary team, not an ad hoc associate or referral-panel model
-
we have completed thousands of formal assessments across England and Wales
-
every residency assessment is focused on the actual living arrangement being considered
-
our reports are structured around the Mental Capacity Act 2005 and the person’s ability to understand, retain, use or weigh the relevant information and communicate their decision
-
we consider the person’s current accommodation, proposed accommodation, care and support arrangements, risks, restrictions, alternatives and likely consequences
-
we take a calm, respectful and person-centred approach to the assessment conversation
-
every report is reviewed before issue for quality, clarity and consistency
-
our work is supported by the Nellie Standard™ and Professional Standards framework
-
reports can be prepared for families, solicitors, deputies, local authorities, care providers or Court of Protection use where required
Nellie Supports is England and Wales’ largest specialist mental capacity assessment provider and specialist private social work practice. Our scale, permanent team model and assessment experience help us provide a consistent, responsive and dependable service for complex residence decisions.
No provider can guarantee how a court, public body or decision-maker will treat an individual report. Nellie Supports provides clear, structured and evidence-led professional opinion within the scope of the instruction.
Our residency capacity assessment process
We keep the residency capacity assessment process clear, respectful and decision-specific from the outset. Whether you are a family member, deputy, solicitor, local authority professional or care provider, we guide you through each stage carefully, from confirming the correct decision to be assessed to arranging the appointment, preparing the report and delivering clear written evidence.
Initial enquiry and triage
Contact us by phone, email or through our website form. We gather the key details, explain how the assessment process works and confirm whether a residency capacity assessment is the right next step.
We will usually ask about the person’s current living situation, the proposed residence decision, any disagreement or safeguarding concerns, and who needs the report.
Quotation and booking
Once we understand the scope of the assessment, we provide a clear quotation, including VAT and any applicable travel costs.
If you would like to proceed, we arrange a suitable appointment as quickly as possible. Assessments can take place at home, in a care home, in supported living, in hospital where appropriate, at a professional location, or remotely where suitable.
Assessment appointment
A qualified assessor meets the person and carries out a decision-specific mental capacity assessment focused on where the person lives.
The assessor considers whether the person can understand, retain, use or weigh the relevant information and communicate their decision. The assessment is carried out calmly and respectfully, with practicable support provided where appropriate.
Report preparation and peer review
The findings are written into a clear mental capacity report explaining the decision assessed, the relevant information, the practicable steps taken, the person’s responses, the evidence considered and the reasoning behind the conclusion.
The report is reviewed before issue for quality, clarity and consistency, in line with the Nellie Standard™ and Professional Standards framework.
Secure delivery
Your completed report is delivered securely by email. Where needed, we can also respond to reasonable clarification requests about the report.
The report can be used by families, deputies, solicitors, local authorities, care providers or professional referrers to help inform the next lawful decision-making process. No provider can guarantee how a court, public body or decision-maker will treat an individual report.
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Frequently Asked Questions
Timescales depend on availability, location, complexity and how quickly the relevant information can be provided.
If the assessment is urgent, tell us at enquiry stage. We will explain the earliest available appointment and whether a faster report turnaround is possible.
The fee depends on the service type, location, travel requirements and complexity of the instruction.
Before work begins, Nellie Supports provides a clear quotation setting out the assessment fee, VAT position, travel charges where applicable and any additional costs that may apply.
You can view our current pricing information on our Prices page.
Yes, where appropriate. Residence and care decisions are often linked, but they are not always the same decision.
A residence assessment focuses on where the person lives. A care assessment focuses on the care, support or supervision the person receives. If both decisions need to be assessed, they should be identified clearly so the report can address each decision properly.
If the person refuses to take part, the assessor will consider the circumstances carefully.
This may include whether the person understood the purpose of the assessment, whether further explanation or support could help, whether timing or environment affected engagement, and whether another attempt may be appropriate.
A refusal does not automatically mean the person lacks capacity. It must be considered in context.
Sometimes. Remote assessment may be suitable where the person can engage by video, has appropriate support, and the assessment method does not disadvantage them.
Face-to-face assessment is often preferable where the decision involves complex risk, communication needs, fluctuating presentation, safeguarding concerns, family disagreement or a contested move.
The report is usually sent to the person or organisation who instructed the assessment, unless a different arrangement has been agreed.
This may be a family member, deputy, attorney, solicitor, local authority, care provider or professional referrer. Data protection, consent, lawful basis and professional confidentiality are considered as part of the process.
Yes. If the person lacks capacity to make the residence decision, the report can help inform a best interests meeting or wider decision-making process.
The report does not make the best interests decision itself. It provides evidence about whether the person can make the residence decision and explains the reasoning behind the assessor’s opinion.
If the person is assessed as having capacity to make the residence decision, they should usually be able to make that decision themselves.
This applies even if others consider the decision risky or unwise. A person should not be treated as unable to make a decision simply because others disagree with their choice.
Yes. Nellie Supports can complete residency capacity assessments where there is family disagreement, safeguarding concern, professional dispute or uncertainty about whether the person is being pressured.
In these cases, it is important to provide clear background information, including who is involved, what concerns have been raised, what decision needs to be assessed and whether there are any immediate risks.
Residency Capacity Assessment Guides
Our residency capacity assessment guides explain how mental capacity applies to decisions about where a person lives. They cover residence decisions, care home moves, supported living, returning home from hospital, family disagreement, safeguarding concerns, best interests decisions and Court of Protection involvement.
These guides are written for families, deputies, attorneys, solicitors, local authorities, care providers and professionals who need clear, practical information about residence capacity under the Mental Capacity Act 2005.
Risk, restrictions and deprivation of liberty in residence decisions
Explains risk, restrictions and deprivation of liberty issues in residence decisions. Covers relevant information, practicable support, evidence and common report risks under the Mental Capacity Act 2005 for families, solicitors and professionals.
We also provide mental capacity assessments for other decisions
If you need a mental capacity assessment for a different decision, Nellie Supports can help. Our permanent full-time team provides decision-specific assessments for COP3 and Court of Protection applications, care decisions, property and financial affairs, Lasting Power of Attorney decisions, testamentary capacity, statutory will matters, trustee decisions, litigation, gifting and other complex or disputed matters across England and Wales.
For the full range of services, visit our Mental Capacity Assessments page.