Residence decisions · England and Wales
Capacity to decide where to live
Does the person have the mental capacity to decide where to live?
A proposed move can raise difficult questions for everyone involved. We assess whether the person can decide where to live, using the places genuinely available to them and what each would mean for their care, relationships and daily life.
The assessment is based on the options genuinely available to the person. We discuss what living in each place would mean for them, including the support available and the effect on their everyday life.
You receive a written report explaining our opinion and the evidence behind it. The report addresses their ability to decide; it does not choose a placement for them.
Assessments for families and professional referrers across England and Wales.
When might you need an assessment?
The question may arise before a move to a care home, during hospital discharge or when someone wants to return home. Concerns about risk deserve attention, but disagreement about the preferred place does not establish incapacity. The report addresses the person’s ability to decide between their real options.
A proposed move
We need details of the places being considered and confirmation that they are real options. An assessment about an unavailable placement will not answer the decision the person faces.
Returning home
Explain what returning home would involve, what support could be arranged and any hospital discharge deadline. The assessment considers the actual circumstances, not an abstract question about living independently.
Disagreement about where to live
The person may prefer somewhere others consider less safe. We look at their ability to consider the relevant information and decide, rather than treating the safest option as the only acceptable answer.
An example: returning home after hospital
An older woman with dementia wants to return home, while her family favours a care home. Both options are available. The assessment explores what each would involve, including support at home, and whether she can understand and weigh that information. A diagnosis does not decide the answer, and the residence question is assessed separately from care. This is an illustrative example, not an individual client’s case or a promised outcome.
What does the person need to understand?
The relevant information depends on the places available to this person. We explain the practical differences in an accessible way and consider their ability to understand, retain, use or weigh that information and communicate their decision. If they cannot decide, we consider whether the inability is caused by an impairment of, or disturbance in, the functioning of the mind or brain.
Helping the person compare the options
Plain descriptions, photographs or other accessible information may help explain unfamiliar accommodation. We discuss communication needs, fatigue and the best time for the appointment. A familiar person can be nearby if reassuring, without answering for them.
A decision others consider risky
We begin with the presumption of capacity and take all practicable steps to support the person. A diagnosis or risky choice does not, by itself, show incapacity. What matters is whether they can make this decision with the relevant information and support.
What the report explains
The report identifies the places considered, the information available and the support given. It sets out the person’s responses, our observations, reasoning and conclusion, and any limitations. Care at each location is relevant context, but a separate care decision needs its own assessment.
Review and follow-up
A second qualified professional peer reviews the report’s reasoning, evidence and structure before secure delivery. This checks the report rather than assessing the person again. The person instructing us can ask for clarification afterwards.
- Where each option is and what the accommodation is like.
- Who lives there, whether staff are available and what everyday life would involve.
- Whether the arrangement is temporary or a longer-term home.
- The support available, relevant risks and the reasonably foreseeable consequences of choosing each place or of not making the decision.
- Contact with family and friends, community activities and getting out and about.
- Broad financial implications and what they would need to give up when moving.
How the assessment is arranged
Explain the choice of accommodation
Tell us what the person needs to decide, which places are available and who has asked for the report. Include any proposed move, hospital discharge or court deadline.
Provide the relevant information
We identify the records needed and agree the question, fee, timetable and appointment arrangements in writing. Information about the accommodation and support available is particularly important.
Discuss the options with the assessor
The assessor meets the person and explores the choice using accessible information about the actual places. A home visit is usual; hospital, a care setting or a remote appointment may be appropriate.
Receive the written report
After peer review, we send the report securely. It explains the evidence and conclusion, the time and circumstances to which it applies and any need for further information or assessment.
Information about the places being considered
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.
- Details of each genuinely available home or placement, including its location, facilities and daily routines.
- The care and support available at each option.
- Relevant medical information and previous capacity assessments.
- Hospital discharge plans, social-care records and the history of earlier moves or residence decisions.
- Daily notes and observations about how the person manages in their current setting.
- The person’s wishes, communication needs and any court directions or deadline.
What does it cost?
The standard fee is £720 including VAT for the agreed residence assessment and written report. It includes relevant-record review, peer review and secure delivery. Separate care or contact assessments are not included automatically; we agree any additional questions and costs before booking.
Standard residence capacity assessment
£720 including VAT
£600 net + £120 VAT
One standard assessment and written report for the agreed residence decision, including relevant-record review, peer review and secure delivery.
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.
Common residence capacity questions
Is deciding where to live the same as deciding about care?
No. Someone may be able to decide where to live but not make a particular care decision, or the reverse. Both may need assessment, but they require their own relevant information and conclusions.
Must the person choose the safest place?
No. An unwise or less safe choice does not by itself mean that someone lacks capacity. We consider how they understand and weigh the relevant information, rather than whether they agree with relatives or professionals.
Can the assessment take place in hospital or a care home?
Yes, where the setting is suitable. A remote appointment may also be appropriate. Tell us about the person’s circumstances and any discharge deadline so we can check availability and arrangements before booking.
What if they cannot decide where to live?
A separate best-interests process may be needed. The report can inform that process, but it does not select the accommodation or itself authorise a move.
Does the report authorise restrictions or deprivation of liberty?
No. Deciding where to live and authorising restrictions are separate matters. AGNI changed the approach to deprivation of liberty in 2026; DoLS and court safeguards still apply where required. Tell us about existing authorisations or proceedings so the assessment fits your instruction.
What if the options or the person’s circumstances change?
The report explains the circumstances and time to which the opinion relates. A new placement option, a change in support or a change in the person’s abilities may mean that further assessment is needed.
The law and further reading
These sources explain the Mental Capacity Act 2005 framework for England and Wales. The related guides provide more detail about preparing for an assessment and understanding the report.