Online decisions · England and Wales
Capacity to use social media and online communication
Does the person have the mental capacity to decide about using social media and online communication?
For many people, a phone or tablet is a way to keep friendships, find information and take part in everyday life. We assess the relevant decisions about internet or social media use, with support suited to the person. Difficulty operating a device is different from difficulty making those decisions.
We assess the person’s ability to make the online decisions in question. We look at how they actually use their devices, the information they need and the support available, rather than assuming that vulnerability means they should not go online.
Assessments for families and professional referrers across England and Wales.
Start with how the person uses the internet
Concerns may involve sharing personal information, contact with strangers, online spending or exploitation. Start with the activities and decisions actually in question. We distinguish the information the person needs to consider from the technical help they may need to use an app, keyboard or device.
A specific online concern
Explain what has happened and why capacity is in question. A poor online choice, a scam or a safeguarding concern does not, by itself, establish that the person cannot make the decision.
Access to a device is being restricted
Tell us what restrictions or supervision are already in place and who has arranged them. The assessment can provide evidence about capacity; it does not authorise taking away a phone or blocking access.
Support may make a difference
Accessible explanations, demonstrations, reminders or help with privacy settings may assist decision-making. We consider what the person can decide with practicable support, not whether they have expert cybersecurity knowledge.
What information is relevant?
Not a universal checklist
We relate the information to the decision being assessed. Messaging familiar people, accepting new contacts and posting publicly can raise different issues. The report identifies its scope rather than assuming one answer covers every online activity.
How capacity is assessed
We begin with the presumption of capacity and take all practicable steps to help the person decide. We first consider whether they can understand, retain, use or weigh the relevant information and communicate their decision. If they cannot, we examine whether an impairment of, or disturbance in, the functioning of the mind or brain causes that inability.
What the report contains
The report describes the online decision, relevant evidence and support, and explains our reasoning, conclusion and limitations. Accounts of everyday device use can help alongside the assessment discussion. The opinion is peer reviewed before secure delivery and does not prescribe blanket restrictions.
- That information and images may reach people beyond the intended audience.
- That privacy settings can limit access, and the broad effect of the settings relevant to their use.
- That someone online may not be who they claim to be.
- That other people may try to persuade them to do something unsafe, unlawful or harmful.
- That shared material may be copied and can be difficult or impossible to remove.
- That material they post or share may upset or offend other people.
- That accessing or sharing certain material can have legal consequences, including police involvement.
What happens when you contact us?
Describe the concern
Tell us which platforms or messaging apps are involved, the decisions in question and who needs the report. Include any safeguarding plan or court deadline.
Agree the arrangements
We confirm the scope, relevant records, fee and timetable. We discuss the person’s communication needs and how familiar devices or accessible examples could help during the assessment.
Meet the assessor
The assessor explores the actual online use and relevant choices with the person. A home visit is usual; a remote assessment may be appropriate. We do not need account passwords to arrange the service.
Receive the written opinion
The report is checked through peer review and delivered securely. It explains what the evidence supports and any need for further information or assessment. Clarification is available afterwards.
Information to have ready
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.
- The platforms and messaging apps the person uses and a description of how they use them.
- The decisions in question, with relevant examples of concerns rather than an entire private message history.
- Existing support, supervision, device restrictions and relevant care notes.
- Any relevant safeguarding plan, court order or contact arrangement.
- Medical information relevant to decision-making and previous assessments.
- The person’s views, communication needs and observations from people who know them.
Fees and what is included
The standard fee is £720 including VAT for the agreed assessment and report. It includes relevant-record review, peer review and secure delivery. A separate question about contact with a particular person or additional court work must be agreed and quoted separately.
Social media and online communication capacity assessment
£720 including VAT
£600 net + £120 VAT
One assessment and written report on the agreed online decision, including relevant-record review, peer review and secure delivery. Separate contact decisions or 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
Is this a test of whether they know how to use a phone?
No. Practical skill with a device and capacity to make a particular online decision are different. A person may need help using an app while still being able to decide how they want to communicate.
Does being scammed mean someone lacks capacity?
No. People with capacity can be deceived or make mistakes. We assess decision-making using the relevant information and support, not simply whether harm has occurred.
Is social-media capacity the same as contact capacity?
They can overlap, but they are not automatically the same decision. Contact with a particular person may require a separate assessment of that relationship. We agree the questions before booking.
What if they refuse an assessment?
Refusal is not proof of incapacity. We discuss what might help them engage and whether there is enough evidence to offer an opinion. Any limits are explained in the report.
Does the report authorise restrictions on internet use?
No. It provides capacity evidence. Any restrictions require separate consideration of the person’s rights, circumstances and the applicable legal authority.
Can the assessment be completed remotely?
A remote appointment may be suitable, depending on communication needs, the evidence required and the person’s circumstances. We agree the format before booking rather than assuming video will work for everyone.
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.