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What Is a Residency Capacity Assessment?
Deciding where someone should live - whether staying at home, moving to supported living, or entering residential care - is a significant life decision under the Mental Capacity Act 2005 (MCA). A Residency Capacity Assessment formally evaluates whether an individual has the mental capacity to make that decision, ensuring that any move is lawful, respectful of rights, and defensible if challenged.
When, Where, Who & How Much — Your Residency Capacity Questions Answered
01
When You’ll Need a Residency Capacity Assessment
You should consider a residency capacity assessment when:
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A move is being proposed (e.g. returning home, entering residential care, supported living) and there’s doubt whether the person can make that decision themselves
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Professionals (hospital, care team, local authority) or family disagree about whether remaining at home is safe
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You need clear, legally defensible evidence for a Court of Protection, best interests meeting, or dispute resolution
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The decision involves a change in environment, care support, or daily living arrangements that carries significant risk
02
Where We Carry Out the Assessment
We operate across England & Wales, visiting people in their current residence (home, hospital, residential care, or supported living setting). If necessary or suitable, parts of the assessment or follow-up discussions can be conducted remotely.
03
Who Can Conduct It & What Makes Us Different
A valid residency capacity assessment must be done by a suitably qualified and experienced professional, such as:
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Registered social workers trained in MCA
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Medical doctors (e.g. GPs, psychiatrists)
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Occupational therapists with capacity assessment experience
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Suitably qualified and experienced professionals with background in cognition or psychology
At Nellie Supports, our assessors are full-time, in-house professionals specialising in capacity assessments. Because they work within a multidisciplinary team, your assessment benefits from rigorous peer review, quality assurance, continuity, and reduced delay.
04
Cost / Pricing
A capacity for residency assessment is priced at £469.00 (exclusive of VAT and assessor travel).
This includes:
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The full assessment interview (in person or where appropriate, mixed methods)
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A legally robust, peer-reviewed report in accordance with the Mental Capacity Act
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Advice or clarifications to stakeholders based on findings
If the case is particularly complex (e.g. contested setting changes, multiple location options, extensive liaison), we will provide a written estimate of any extra cost before proceeding. You’ll always get a written fee confirmation before work begins.
Our Process – Step by Step
Why Families Choose Nellie Supports
solicitor-led support with input from social workers and psychologists.
Every report is compliant with MCA 2005, CPR Part 35, and suitable for use in legal proceedings.
Reports are delivered within 10–14 working days (or faster, in urgent cases).
Qualified assessors (e.g. social workers, psychologists, healthcare professionals) experienced in capacity law and residency decisions.
We operate across England & Wales, offering both in-person and remote assessments.
Call Us to Discuss Your Needs
Get in touch with our friendly team to discuss your situation. We’ll answer your questions, explain the process, and confirm whether a residency assessment is the right next step.
Book a Face-to-Face Appointment
We’ll arrange a convenient time for one of our experienced assessors to meet the person being assessed. Assessments can take place at home, in hospital, or in residential care — wherever the person feels most comfortable.
Assessment and Report Writing
The assessor carries out a full MCA 2005–compliant assessment, supported where appropriate by the Montreal Cognitive Assessment (MoCA). The findings are then documented in a detailed, plain-English report. All reports are written to be CPR Part 35 compliant, so they can be relied on in legal proceedings if required.
Report Delivered Within 10–14 Days
Your completed report is securely delivered within 10–14 working days of the assessment. If required, urgent turnaround is available. The report will give clear conclusions, supported by evidence, that can be shared with professionals, local authorities, or the Court of Protection.
Case Study: Supporting a Family Through Residency Dispute
When Mr H’s family needed clarity about his ability to decide where to live, they first approached his GP for an assessment. After weeks of waiting, the GP declined, explaining that residency capacity was outside their remit. The local authority was then contacted, but their social care team confirmed they could not provide a private assessment for a Court of Protection matter.
With growing disagreement between siblings about whether Mr H could safely remain at home, the family faced rising tension and no clear route forward.
How Nellie Supports Helped
The family contacted Nellie Supports and were connected with a specialist coordinator the same day. Within 72 hours:
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An experienced assessor with expertise in MCA residency decisions was appointed.
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A home visit was arranged, with adjustments for Mr H’s hearing and memory difficulties.
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The updated 2024 Functional Test was applied, with both verbal prompts and practical examples tailored to residency decisions.
The full report was drafted, peer-reviewed internally for compliance with MCA 2005 and CPR Part 35, and securely delivered within one week.
The Outcome
The family received a clear, legally robust report that resolved their dispute and was accepted by the Court of Protection. Mr H’s wishes were fully documented, and a lawful best-interests decision could then be made with confidence.
Key Takeaway
Statutory routes often decline or delay residency capacity assessments. Nellie Supports provides a fast, reliable, and court-ready alternative — giving families clarity when it matters most.
Explore More on Our Blog
Looking for practical insights on the Mental Capacity Act and real-world examples of how residency decisions are handled? Our blog is full of guidance, case updates, and thought pieces written by our expert assessors. From breaking down the 2024 Functional Test to exploring recent Court of Protection rulings, you’ll find resources to help you understand the law and how it applies in everyday life.
