top of page

Discharge from the Court of Protection

"Restoring Autonomy: The Path to Discharge from the Court of Protection"

The assessment to discharge from the Court of Protection is a significant process designed to determine whether an individual, who was previously subject to a Court of Protection order, now has the mental capacity to manage their affairs independently. This assessment is a crucial step towards restoring the person's autonomy and decision-making abilities, ensuring their rights and interests are safeguarded.

At Nellie Supports, our experienced team of Social Workers conducts thorough and impartial assessments to evaluate the individual's current mental capacity and their ability to handle their financial and welfare matters effectively. We adhere to the principles and guidelines outlined in the Mental Capacity Act (2005) and relevant case law to ensure a fair and accurate assessment process.

Our compassionate and person-centered approach fosters a supportive environment for the individual, allowing them to actively participate in the assessment and express their understanding of their rights and responsibilities. Through our assessments, we strive to empower individuals to regain control over their lives and be discharged from the Court of Protection when it is in their best interests and they have the capacity to do so.

How can Nellie Supports provide assistance to individuals when there is a suspected change in mental capacity?

At Nellie Supports, our expert mental capacity assessors are here to assist you or your loved one in cases where a change in mental capacity is suspected. To provide the best support possible, we recommend the completion of a comprehensive assessment package, including:

  • Montreal Cognitive Assessment: This assessment evaluates cognitive abilities and helps us understand how memory, attention, and other cognitive functions may have changed over time.

  • Capacity to Manage Finances Report: Our detailed report focuses on your current capacity to manage your own finances, empowering you with evidence to demonstrate your decision-making abilities.

  • Capacity to Grant a Lasting Power of Attorney for Finances Report: In cases where a less restrictive option to a deputyship is sought, our report assesses your capacity to grant a lasting power of attorney for finances, giving you more control over your affairs.

  • Capacity Assessment to Create a Personal Injury Trust: For individuals under a deputyship due to a personal injury, we provide a thorough capacity assessment to determine eligibility for creating a personal injury trust, potentially providing greater independence and control over your compensation.

Our assessment package aims to ensure your autonomy is respected, and if there have been positive changes in your mental capacity, we work diligently to support your discharge from the Court of Protection. Trust our compassionate and skilled team to conduct comprehensive assessments that cater to your specific needs and circumstances.

A Holistic and Compassionate Approach to Residency Assessments

Our assessment process for the Mental Capacity Assessment for Residency is designed to be comprehensive, compassionate, and person-centered. At Nellie Supports, we understand the importance of making informed decisions about where to live, especially for individuals who may face challenges in understanding the implications of their choices.

When conducting the assessment, our experienced team of Social Workers first establishes a supportive and relaxed environment for the individual. We approach each assessment with empathy and sensitivity, recognising that the decision about residency is deeply personal and can significantly impact the person's life.

Our Social Worker engages in open and meaningful conversations with the individual, exploring their preferences, desires, and concerns related to their living arrangements. We take the time to understand their unique needs, background, and cultural context, ensuring that our assessment aligns with their specific circumstances.

During the assessment, we consider various factors such as cognitive abilities, communication skills, awareness of risks, and comprehension of the consequences of different residency options. Our skilled team evaluates the individual's capacity to make informed choices and assesses the level of support they may require to live independently or in a care facility, depending on their needs.

We collaborate with families, caregivers, and other relevant professionals to gather additional insights and ensure a holistic approach to the assessment. Our goal is to ensure that the individual's voice is heard and that their best interests are at the forefront of the decision-making process.

After the assessment is completed, we compile a detailed and evidence-based report that outlines our findings, observations, and recommendations. Our reports are professionally prepared, court-compliant, and adhere to the legal requirements outlined in the Mental Capacity Act (2005).


Throughout the entire assessment process, our focus remains on empowering the individual, respecting their autonomy, and safeguarding their rights. We strive to provide the necessary support and guidance to facilitate well-informed decisions about residency, ultimately enhancing their quality of life and well-being. Our compassionate and comprehensive approach ensures that each individual's unique needs and wishes are carefully considered, enabling them to make choices that align with their preferences and aspirations.

Empowering Independence: Charlie's Journey to Discharge from the Court of Protection

Charlie's life took an unexpected turn when she was involved in a car accident at the tender age of four. Medical specialists predicted that she would never have sufficient mental capacity to manage her own finances, leading to the appointment of a professional deputy to oversee her financial affairs, including her settlement.


Fast forward to the present, Charlie is now a confident and ambitious eighteen-year-old, ready to embark on a forensic science degree at Loughborough University. As she has grown and demonstrated increased responsibility, her deputy has gradually granted her more authority over her finances, allowing her to manage everyday expenses like mobile phone contracts.

Filled with determination to achieve her goals and assert her independence, Charlie decided to request a reconsideration for her discharge from the Court of Protection. She yearned to take full control of her financial decisions and embrace the responsibilities that come with adulthood.

To support Charlie's quest for independence, our team at Nellie Supports stepped in to conduct a comprehensive assessment. Our Social Worker met with Charlie at her home, establishing a comfortable and supportive environment for the evaluations.

The assessment process involved various components to evaluate Charlie's cognitive abilities and decision-making capacity. A Montreal Cognitive Assessment was administered to gauge her cognitive functioning, offering valuable insights into her level of cognition.

Furthermore, we conducted a decision-specific mental capacity assessment focused on Charlie's ability to manage her daily finances as well as more significant financial matters, such as investments. This in-depth evaluation aimed to gather evidence of her capacity to handle complex financial decisions effectively.
Finally, we explored Charlie's potential to grant lasting powers of attorney. By assessing her capacity in this area, we aimed to determine if this less restrictive option could be an empowering alternative to a deputyship, providing her with greater autonomy and future security.

Throughout the process, our team demonstrated empathy and understanding, recognising Charlie's aspirations and advocating for her best interests. We emphasised her capabilities and strived to ensure her voice was heard throughout the assessment.

At Nellie Supports, we believe in empowering individuals like Charlie, who are seeking to reclaim control of their lives. Our assessments are conducted with professionalism and in adherence to the highest standards, ensuring that every individual's rights and well-being are protected.

The journey towards discharge from the Court of Protection is not just a legal process; it is a profound step towards embracing independence and fulfilling personal aspirations. With our support, Charlie's determination to manage her own affairs and make her mark on the world is closer than ever to becoming a reality.

Need to make an appointment?
Contact our team.

Latest News:
Stay in the Know

Social Work England is a specialist body taking a new approach to regulating social workers in their vital roles. All of our Social Workers are registered with Social Work England for your peace of mind. 
Our assessors are accredited Montreal Cognitive Assessment (MoCA) assessors with specific experience in completing capacity assessments and specialist reports.

Financial Vulnerability Accredited

All of our assessors have undergone extra training to become accredited financial vulnerability experts according to Lichtenberg standards, so they can provide even more detailed reports on mental capacity.

All our assessments are completed by registered and accredited professional Social Workers, providing you with the utmost confidence and peace of mind. Our dedicated team ensures that every mental capacity assessment is conducted with the highest level of expertise, adhering to professional standards and ensuring the well-being and rights of individuals.

Looking for something else?
The image displays a portrait of a mature man. He has a well-defined facial structure, a full beard and mustache with a mix of white and gray hair. His eyes are deep-set and appear to be of a light color, emanating warmth and wisdom. The man has a slight, pleasant smile on his lips. He is wearing a navy blue crewneck shirt. The background is neutral and light, putting the focus on the man's face. The overall feel of the image is calm and introspective.

Our assessments are conducted with a therapeutic approach, recognising the potential emotional and psychological impact such evaluations can have.

We approach each assessment with empathy and sensitivity, creating a safe and comfortable environment for the individual being assessed. Our skilled assessors are trained not only in the legal and procedural aspects but also in effective communication and rapport-building. We engage in meaningful conversations, ensuring that the individual's voice and preferences are heard and respected throughout the assessment process. Moreover, we are keenly aware that mental capacity can fluctuate, and it can be influenced by various factors such as stress, anxiety, and health conditions. With this in mind, we take a holistic view, considering not only the individual's current state but also their history, context, and potential future changes.

Our therapeutic approach aims to reduce any anxiety or discomfort associated with the assessment, fostering an atmosphere of collaboration and understanding. We believe that this approach not only ensures accurate and reliable assessments but also contributes to the overall well-being of the individuals we serve. At Nellie Supports, your emotional and psychological comfort is as important to us as the technical aspects of the assessment.

Compassionate Mental Capacity Assessments with a Therapeutic Touch

  • What is a Mental Capacity Assessment to Litigate?
    A Mental Capacity Assessment to Litigate evaluates an individual's cognitive ability to understand and participate in court proceedings. Conducted by a team of experienced Social Workers, the assessment ensures fair and just legal participation.
  • Why is this assessment necessary?
    The assessment is crucial to ensure that individuals involved in legal proceedings have the cognitive ability to make informed decisions. This safeguards vulnerable individuals and upholds the legitimacy of the court proceedings.
  • What criteria must one meet to be considered capable of litigation?
    The official solicitor outlines specific criteria, such as the capacity to understand advice, the ability to make decisions in litigation, and the capacity to understand compromise. Meeting these criteria is essential for fair participation in legal matters.
  • What happens if someone lacks the required mental capacity?
    If an individual lacks the necessary mental capacity to litigate, a litigation friend may be appointed to assist in decision-making and understanding advice related to the court proceedings.
  • Who conducts the assessments?
    Our team of registered and accredited professional Social Workers at Nellie Supports conducts these assessments, adhering strictly to the Mental Capacity Act 2005 guidelines.
  • What does the assessment process involve?
    The assessment begins by gathering relevant background information about the individual. This is followed by face-to-face interactions to evaluate comprehension of legal terms, decision-making abilities, and understanding of the implications of the court case.
  • How long does it take to receive the assessment results?
    While the timing may vary based on individual circumstances, our goal is to communicate the results promptly to allow legal proceedings to proceed efficiently.
  • What does the assessment report include?
    The report outlines the findings, observations, and conclusions regarding an individual's capacity to engage in court proceedings. It is a detailed and well-documented account of the individual's mental capacity.
  • Are your reports court-compliant?
    Yes, our reports are fully court-compliant and meet the specific requirements set out in both CRP35 and Family Court Rules. Conducted by our team of registered and accredited professional Social Workers, these assessments strictly adhere to the legal framework set forth by the Mental Capacity Act 2005 and other relevant legislation. The comprehensive nature of our reports makes them suitable for presentation and acceptance in both civil and family court settings.
  • How can I schedule an appointment for a Mental Capacity Assessment to Litigate?
    To make an appointment, you can contact our team at Nellie Supports by calling 0333 987 5118 or emailing
bottom of page