Capacity for Residency: Deciding Where to Live
Making decisions about where someone lives is one of the most important — and often most sensitive — questions that can arise under the Mental Capacity Act 2005 (MCA). Whether the choice is between staying at home, moving to supported living, or entering residential care, these decisions are life-changing and must be approached with clarity, compassion, and legal precision.
At Nellie Supports, our team carries out MCA 2005–compliant assessments of a person’s capacity to decide on their place of residence. Every assessment is supported by a clear, court-ready report that can withstand legal scrutiny, giving families and professionals confidence that the person’s rights are respected and their future safeguarded.
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Why Capacity for Residency Matters
Deciding where someone lives is one of the most significant choices in their life. A change of residence can affect not only day-to-day safety and care needs, but also emotional wellbeing, independence, and relationships with family and friends. That’s why the law treats residency decisions as a major life choice requiring special care.
Under the Mental Capacity Act 2005, people must be supported to make their own decisions about where they live whenever possible. If there is doubt about whether someone can make this decision, a professional capacity assessment provides clear, objective evidence. This protects the individual’s rights while also giving families and professionals the reassurance they need to act lawfully and in the person’s best interests.
For example, a move into a care home, supported living, or even a new tenancy agreement may only be valid if the person has the mental capacity to understand what that choice involves. If they lack capacity, any decision must follow the best interests
framework, ensuring the least restrictive option is chosen and the person’s wishes, feelings, and values remain central.
By obtaining a residency capacity assessment, you safeguard the individual’s autonomy while ensuring that any decisions about where they live are legally sound, respectful, and robust enough to stand up to challenge if ever questioned.
When, Who & How Much – Your PA14 Questions Answered
We know that decisions about where a person lives can feel overwhelming. To make things clearer, here are the three key questions most people ask — when you’ll need a residency capacity assessment, who can complete it, and what it costs.
When You Need a Residency Capacity Assessment
A formal assessment is usually required when:
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A person wants to return home from hospital or residential care.
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Professionals disagree about whether it is safe for someone to live alone.
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There are disputes within the family about the best living arrangements.
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The Court of Protection requires evidence for a decision in someone’s best interests.
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A move into supported living or a care home is being considered.
Who Can Complete a Residency Capacity Assessment?
Under the Mental Capacity Act 2005, assessments must be completed by a professional with appropriate training and expertise. This may include:
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A registered social worker.
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A doctor – such as a GP, psychiatrist, or consultant.
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A health and social care professional with specialist training in capacity law.
At Nellie Supports, our assessments are carried out by experienced professionals with expertise in residency decisions and the MCA 2005. Every report is written with clarity and compassion — and because they are also CPR 35 compliant, they are robust enough to be relied upon in legal proceedings if challenged.
Residency Capacity Assessment Costs – Clear, Transparent Pricing
Residency Capacity Assessment Costs – Clear, Transparent Pricing
A residency capacity assessment with Nellie Supports costs £469.00 (exclusive of VAT and travel).
This includes:
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A face-to-face or remote assessment.
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A full MCA 2005-compliant report.
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Evidence that is clear, professional, and legally sound.
All fees are confirmed in writing before we begin, so you always know what to expect.
Is a Formal Diagnosis Required for a Residency Capacity Assessment?
No Requirement for a Formal Diagnosis
A formal medical diagnosis is not strictly required to complete a residency capacity assessment under the Mental Capacity Act (2005). What matters is whether the person can demonstrate the functional abilities set out in the Act: to understand, retain, use or weigh, and communicate information relevant to where they live.
At Nellie Supports, we go beyond simply ticking boxes. All of our assessors are trained in administering the Montreal Cognitive Assessment (MoCA), an internationally recognised psychometric tool. Where appropriate, MoCA is used to evidence an impairment of the mind or brain, and our professionals then establish a causal nexus—showing how that impairment specifically prevents the person from making the decision about residency.
This ensures that our assessments meet the legal standards of the MCA 2005 while providing clear, clinical evidence that stands up in court.
Legal and Procedural Clarity
Capacity to decide where to live is assessed under the Mental Capacity Act 2005 (MCA 2005), using the functional test: can the person understand, retain, use or weigh, and communicate information about their residence options? Assessors must also show the causal link between any impairment of mind or brain and the inability to decide.
At Nellie Supports, all assessments are carried out with this legal framework in mind. We utilise the Montreal Cognitive Assessment (MoCA) to evidence impairment, and our reports explicitly demonstrate compliance with Principle 2 of the MCA (supporting decision-making wherever possible).
Every report is written to be CPR Part 35 compliant and cross-referenced with relevant case law, such as Key v Key [2010] EWHC 408 (Ch), ensuring it meets both statutory and judicial standards. This structured approach makes our evidence clear, legally defensible, and ready to withstand scrutiny if challenged.
Case Law Support
The courts have repeatedly confirmed that residency decisions are complex, often overlapping with care needs, safety, and family life. The following leading cases provide clear guidance on how capacity should be assessed:
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LBX v K, L and M [2013] EWHC 3230 (Fam)
This case confirmed the key information a person must be able to understand for a valid residence decision, including:-
The different living options available (e.g. own home, supported living, care home).
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The type of property and facilities.
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The difference between living somewhere and just visiting.
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Who they will live with and what support they will receive.
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The impact on contact with family and friends.
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Liverpool City Council v CMW [2021] EWCOP 50
The court held that residence and care are often inseparable. If a person cannot grasp why support is needed, or the risks of refusing it, they may lack capacity for both care and residence.
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Re FX [2017] EWCOP 36
Emphasised that assessments must focus on concrete, realistic options — not abstract choices like “home vs care home.” The person must be able to weigh the actual living arrangements available to them. -
Re CLF (Capacity: Sexual Relations and Contraception) [2024] EWCOP 11
Confirmed that a person’s choice of residence directly determines the level and kind of care they receive, reinforcing the close overlap between care and residence decisions. -
Wiltshire CC v RB [2023] EWCOP 26
Clarified that capacity must always be -
assessed in relation to the specific decision. Residence decisions and hospital discharge decisions, for example, are separate and must be assessed independently.
Our Process – Step by Step
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.
Areas we cover
Nellie Supports provides residency capacity assessments across England and Wales. Our team of health and social care professionals travel nationwide to ensure families, solicitors, and professionals receive timely, court-ready evidence wherever it’s needed.
Because residency decisions often overlap with other areas of mental capacity and care law, we also provide linked services, including:
By working with us, you benefit from a team that not only understands the law but also the practical realities of supporting people to make major life decisions about where they live and how they are cared for.
Case Study: Supporting a Family When Executor Capacity Was in Doubt
When Mr H., a man in his early 60s, began showing signs of early-onset dementia, his family faced a difficult decision about his future living arrangements. After a hospital admission, he expressed a strong wish to return home. However, his adult children were divided: one believed he would be safe with care support in place, while the other felt he needed the structure of a supported living environment.
The hospital team recommended a formal residency capacity assessment before any discharge could be agreed.
Mr H.’s GP, however, declined to complete the necessary assessment, and the local authority stated they could not assist as the case was considered a private dispute. This left the family in limbo, with rising tension and pressure to resolve the issue quickly.
Turning to Nellie Supports, the family were connected the same day with our assessment coordinator, who gathered background information and secured consent. An experienced assessor, trained in both the Mental Capacity Act 2005 and the MoCA (Montreal Cognitive Assessment), was assigned immediately. Within 72 hours, a home visit was arranged at the hospital.
The assessor applied the functional test — checking whether Mr H. could understand, retain, use or weigh, and communicate information about his residency options. Using visual aids and concrete examples (e.g. his own home versus a specific supported living placement), the assessor carefully tested his ability to compare the practical consequences of each choice.
A detailed, CPR 35–compliant report was produced within a week, clearly evidencing that Mr H. lacked the capacity to make a safe and informed decision about where to live. The report referenced key case law, including LBX v K, L & M and Re FX, to demonstrate why the conclusion was consistent with legal standards.
Armed with this evidence, the family were able to work with the hospital and local authority to agree a safe, best-interests decision that balanced Mr H.’s wishes with his care needs. The assessment not only resolved the dispute but also reassured the family that the decision had been made fairly, lawfully, and with compassion.
Why Choose Nellie Supports?
Choosing the right professionals to assess mental capacity is vital. At Nellie Supports, we combine expertise, empathy, and efficiency to make the process as smooth as possible. Our multidisciplinary team includes registered social workers, nurses, and specialists who bring decades of combined experience in capacity law and practice. Every assessment is conducted with compassion and clarity, always tailored to the person’s unique circumstances.
Experience peace of mind with our comprehensive social work services at Nellie Supports. Our team of registered and experienced professionals is dedicated to providing exceptional care and support. From mental capacity assessments to a wide range of social work services—such as EHCP appeals, life expectancy reports, and ongoing consultancy—our experts ensure accurate evaluations, personalised guidance, and the highest standards of practice.
We understand how important these decisions are, whether you’re planning for the future or responding to urgent legal requirements. That’s why our reports are consistently prepared to the highest standards, fully compliant with the Mental Capacity Act 2005, and accepted by courts and solicitors across England and Wales.
With a 4.9-star rating from clients nationwide, prompt response times, and a commitment to clear communication at every step, Nellie Supports is trusted by families, deputies, and professionals alike.
