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Capacity to Litigate Assessment
Full litigation capacity assessments and expert reports, with the official certificate completed at no additional cost
If a court, solicitor or the Official Solicitor needs evidence about whether someone can conduct legal proceedings, the quality of that evidence matters. The question is not simply whether the person has a diagnosis, appears vulnerable, or struggles in daily life generally. The real question is whether they can understand, engage in, and make decisions within the specific proceedings in issue.
At Nellie Supports, many clients come to us because they need the official Certificate as to Capacity to Conduct Proceedings completed. Our approach goes further. We do not simply complete the certificate in isolation. We carry out our own full, decision-specific capacity to litigate assessment and prepare a structured expert report to a higher evidential standard. Where required, we then complete the official certificate at no additional cost as part of the same instruction.
Our role is to provide clear, defensible evidence that helps solicitors, the court and the Official Solicitor proceed with confidence.
Trusted by Thousands. Guided by Experience. Committed to You.
6000+
6,000+ Mental Capacity Assessments Completed
50+ Years
50+ Years of Combined Expertise
100%
Nationwide Coverage Across England & Wales
4.9 ⭐
What’s Included as Standard
Every Nellie Supports capacity to litigate instruction includes the full assessment process that underpins our standard mental capacity work, adapted specifically for legal proceedings.
Home Visit or Video Call
We arrange either a home visit or video assessment, depending on what is most appropriate for the person, the nature of the proceedings, and the practical circumstances of the case.
Gentle, Professional Assessment
The assessment is carried out in a calm, respectful and professional way, with the person’s communication style, presentation and support needs taken into account throughout.
Decision-Specific Approach
The assessment focuses on the actual proceedings in question and the decisions the person needs to make within them, rather than giving a broad or generic view of capacity.
Mental Capacity Act Compliant
Every assessment is completed in line with the Mental Capacity Act 2005 and applies the legal test to the specific issue in question.
Montreal Cognitive Assessment
Where appropriate, we include a Montreal Cognitive Assessment as part of the supporting evidence. This can be particularly helpful where there is no formal diagnosis, as the court may still require evidence of an impairment or disturbance in the functioning of the mind or brain alongside the assessment of litigation capacity.
Clear Written Outcome
At the end of the service, you receive a fully reasoned expert report setting out the evidence, analysis and conclusions clearly and in a court-focused format.
Official Certificate Included
Where needed, we also complete the official Certificate as to Capacity to Conduct Proceedings as part of the same instruction, at no additional cost.
Need More Than a Standard Capacity Assessment?
For complex, high-risk or court-related decisions
Our Enhanced Capacity Assessment Service is designed for cases that require a more detailed, evidence-based assessment, including matters involving multiple decisions, disputed capacity, or Court of Protection proceedings. This service provides a more in-depth analysis of the relevant information, functional abilities, and the impact of any impairment or disturbance of the mind or brain, with clear, professionally reasoned reporting suitable for legal and professional scrutiny.
Capacity to Litigate Fees and Timescales
Capacity to Litigate
Enhanced Mental Capacity Assessment
Travel time, where applicable
£800.00
£3500.00
£40.00 per hour
5 to 10 Working Days
Please note that VAT and travel charges are not included in the prices shown. If timing is important, please let us know at the enquiry stage and we will advise on the earliest available appointment and quickest turnaround.
What happens during the assessment
We understand that many people feel anxious about mental capacity assessments, especially where court proceedings, divorce, personal injury claims, clinical negligence matters, family disputes, or other important legal decisions are involved. Our aim is to make the process calm, respectful and supportive while still ensuring the assessment remains clear, robust and suitable for legal use.
A capacity to litigate assessment will usually involve:
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confirming the proceedings and the issues that the person needs to understand and engage with
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reviewing relevant background information and any available medical or legal documents
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explaining the purpose of the assessment in a way appropriate to the person’s circumstances
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meeting the person face to face, or remotely where appropriate
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supporting the person to engage with the issues as fully as possible
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assessing whether they can understand, retain, use or weigh the relevant information, and communicate decisions within the proceedings
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considering whether there is evidence of an impairment or disturbance in the functioning of the mind or brain
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recording the support provided, the person’s views, and any other relevant information
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preparing a detailed expert report with clear reasoning linked to the Mental Capacity Act 2005
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completing the official Certificate as to Capacity to Conduct Proceedings where required, at no additional cost
Where appropriate, our assessors can also complete additional cognitive screening using the Montreal Cognitive Assessment at no extra cost to help support evidence of an impairment or disturbance in the functioning of the mind or brain.
Documents and information to prepare
To complete a capacity to litigate assessment properly, it helps to gather the relevant background information before the appointment.
This may include:
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a short summary of the proceedings and the issues in dispute
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any letter of instruction from the solicitor
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relevant pleadings, court orders, or case summaries where available
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medical records, discharge summaries, diagnoses or GP information where available
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details of the person’s current care arrangements and living situation
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any previous mental capacity assessments
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contact details for the solicitor, litigation friend, or key family member involved
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information about communication needs, interpreters, advocates, or other support that may help the person engage
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any deadlines connected to the proceedings or the certificate
The more clearly the proceedings and the decisions within them are identified at the outset, the easier it is to make sure the assessment is properly targeted and the final report is fit for purpose.
What happens if the person lacks capacity?
If the assessment concludes that the person lacks capacity to conduct the proceedings, the report provides clear evidence to support the next procedural steps. That may include the completion of the official Certificate as to Capacity to Conduct Proceedings and the involvement of a litigation friend where required.
The assessment does not decide the outcome of the case itself. Its purpose is to provide formal, decision-specific evidence about whether the person can understand, engage in, and make decisions within the proceedings. That evidence helps the court and the parties determine how the case should properly proceed.
Who this assessment is for
Our capacity to litigate service is for solicitors, deputies, litigation friends, case managers, families and other professionals who need clear evidence about whether a person can understand, engage in and make decisions within legal proceedings. It is particularly relevant in personal injury, clinical negligence, divorce, family, Court of Protection and other civil matters where there is genuine uncertainty about whether the person can conduct the case.
This type of assessment is commonly needed where there are concerns about a person’s ability to give valid instructions, understand the case against them or the claim they are bringing, make decisions about settlement, or participate properly in the proceedings overall. It may also be required where the Official Solicitor or the court needs formal evidence about litigation capacity, where a litigation friend may need to be appointed, or where cognitive impairment, brain injury, dementia, mental illness, learning disability or fluctuating presentation raises concerns about decision-making.
Our assessments are decision-specific and proceedings-specific. They do not give a broad or generic opinion about whether someone “has capacity” overall. They consider whether the person can understand, retain, use or weigh the relevant information within the proceedings in question and communicate their decisions, with clear reasoning linked to the Mental Capacity Act 2005. That is why many solicitors and families seek this service not just for the official certificate, but for the fuller, properly reasoned assessment and report that sits behind it.
What is a capacity to litigate assessment?
A capacity to litigate assessment considers whether a person can understand, engage in and make decisions within legal proceedings. It is not a general opinion about whether someone has capacity in a broad sense. It is a decision-specific assessment focused on the actual proceedings in question and the decisions the person needs to make within them.
To be useful, the assessment must do more than state a conclusion. It should identify the proceedings being considered, the relevant information the person needs to understand, the support given to help them engage, and whether they can understand, retain, use or weigh that information and communicate a decision. If they cannot, the assessment must also consider whether that inability is because of an impairment of, or disturbance in, the functioning of the mind or brain.
That is why a good capacity to litigate report is not generic. It is tailored to the actual legal issue before the court or solicitor and explains clearly how the conclusion has been reached.
The legal test for a capacity to litigate assessment
A capacity to litigate assessment must apply the Mental Capacity Act 2005 to the specific proceedings in question. The issue is not whether the person has a diagnosis, appears vulnerable, or needs help in other areas of life. The issue is whether, at the time decisions need to be made in the proceedings, they are able to make the relevant decisions and engage with the case.
In practice, the assessment considers whether the person can understand the relevant information, retain that information long enough to make the relevant decisions, use or weigh that information as part of the decision-making process, and communicate their decision. If they cannot do this, the assessor must then consider whether that inability is because of an impairment of, or disturbance in, the functioning of the mind or brain.
Capacity is always decision-specific. A person should not be treated as unable to make decisions within proceedings simply because they are making decisions others consider unwise. The focus must remain on the actual proceedings, the actual decisions, and the reasoning that links any impairment to the person’s ability or inability to conduct the case.
Why proceedings-specific assessment matters
A financial capacity assessment must apply the Mental Capacity Act 2005 to the specific financial decision in issue.
For a capacity to litigate assessment to be useful, the relevant information must be clear and concrete. That usually means identifying the nature of the proceedings, the person’s role within them, the key issues or decisions arising, the advice or options they need to understand, the likely consequences of the available choices, and the practical effect of continuing, defending, compromising or settling the claim.
Where more than one issue is being considered, each must be addressed clearly and separately where necessary. That is what makes the final report more useful to solicitors, more defensible if challenged, and more reliable for court purposes.
What the assessor evaluates
A strong litigation capacity report gives the solicitor or court more than a conclusion. It explains how that conclusion has been reached by focusing on the actual proceedings and the specific decisions the person needs to make within them.
During the assessment, the assessor will usually consider the exact proceedings and issues the person needs to understand, whether the person has been given the relevant information in a way they can understand, whether they can understand the practical legal issue before them, whether they can retain the key information long enough to make the relevant decisions, whether they can use or weigh advice, options, risks and consequences, whether they can communicate a clear and consistent view, whether there is evidence of an impairment or disturbance in the functioning of the mind or brain, and whether there is any realistic prospect of capacity improving in future.
A well-reasoned assessment does not rely on labels, assumptions or broad impressions. It focuses on the actual proceedings and the evidence needed for others to understand the reasoning.
What the assessor evaluates
A strong financial capacity report gives more than a conclusion. It explains how that conclusion has been reached.
During the assessment, the assessor will usually consider the exact financial decision being assessed, whether the person has been given the relevant information in a way they can understand, whether they can follow the practical issue in front of them, whether they can use or weigh the options and likely consequences, and whether there is evidence of an impairment or disturbance in the functioning of the mind or brain.
A well-reasoned assessment does not rely on labels, assumptions or broad impressions. It focuses on the actual financial decision and the reasoning behind the outcome.
Our therapeutic assessment approach
At Nellie Supports, the assessment interview is approached as a structured, supportive conversation rather than a rigid or purely clinical interview. Our assessments are therapeutic in nature, helping the person participate as fully as possible in the decision-making process.
This reflects core principles of the Mental Capacity Act 2005. A person must be assumed to have capacity unless it is established that they lack it, and a person is not to be treated as unable to make a decision unless all practicable steps have been taken to help them do so without success.
That means the assessment is not designed to catch the person out. It is designed to support them to engage with the proceedings as fully as possible.
Common capacity to litigate questions
Capacity to litigate means whether a person can understand, engage in and make decisions within legal proceedings. The issue is not whether they seem vulnerable or have a diagnosis. The question is whether they can deal with the case in front of them, including understanding the proceedings, giving instructions and making the key decisions the litigation requires.
A capacity to litigate assessment is usually needed when there is genuine doubt about whether a person can properly take part in legal proceedings. This often arises in personal injury, clinical negligence, divorce, family and other civil cases where there are concerns about brain injury, dementia, mental illness, learning disability, cognitive difficulty or fluctuating presentation.
In some cases, yes. The official Certificate as to Capacity to Conduct Proceedings may be the minimum document required by the court or Official Solicitor. However, at Nellie Supports we pride ourselves on going beyond that minimum requirement. Rather than simply completing the certificate in isolation, we carry out our own robust, CPR Part 35 compliant capacity assessment and prepare a fuller expert report to support the opinion reached. We then complete the certificate at no additional cost where required.
The assessment looks at whether the person can understand the relevant information in the proceedings, retain it long enough to make decisions, use or weigh that information, and communicate their views. It also considers whether any difficulty is because of an impairment of, or disturbance in, the functioning of the mind or brain, and explains the reasoning clearly in a court-ready format.
Why Families, Professionals and Solicitors Trust Nellie Supports with Capacity to Litigate Assessments
Questions about litigation capacity can quickly become complex. Where the evidence is unclear, proceedings can be delayed, challenged, or forced to progress on an uncertain footing. Families, solicitors and professionals therefore need more than a basic form completion service. They need clear, properly reasoned evidence they can rely on.
At Nellie Supports, many clients come to us because they need the official Certificate as to Capacity to Conduct Proceedings completed. What sets our service apart is that we do more than the minimum requirement. Rather than simply completing the certificate in isolation, we carry out our own robust, decision-specific assessment and prepare a structured CPR Part 35 compliant expert report that fully explains the reasoning behind the opinion reached.
Families trust us because our assessments are calm, respectful and supportive, while still remaining clear and legally focused. Professionals trust us because our reports are evidence-based, proceedings-specific and designed to withstand scrutiny. Solicitors trust us because we understand that the issue is not just whether a person seems vulnerable, but whether they can understand, engage in and make decisions within the proceedings in question.
People choose Nellie Supports because we provide:
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clear, proceedings-specific capacity assessments grounded in the Mental Capacity Act 2005
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robust CPR Part 35 compliant expert reports suitable for legal proceedings
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the official Certificate as to Capacity to Conduct Proceedings included at no additional cost where required
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independent, objective opinions supported by clear reasoning
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therapeutic assessment interviews with court-ready written output
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consistent, reliable reporting from a permanent full-time assessment team
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peer reviewed work that gives added quality assurance
Our wider experience across mental capacity, Court of Protection, care, vulnerability and legal decision-making also means our evidence does not sit in isolation. We understand how litigation capacity can affect case progression, settlement decisions, litigation friend issues and wider planning around the person’s circumstances.
Whether you need a single assessment, a second opinion, or stronger evidence behind the certificate itself, our role is to provide clarity, structure and confidence from the outset.
Our Financial Capacity Assessment Process
We keep the process clear, efficient and proceedings-specific from the outset. Whether you are a solicitor, family member or professional, we guide you through each stage carefully - from confirming the correct issues to be assessed, to arranging the appointment, preparing the report, and delivering court-ready documentation within the required timeframe.
Initial enquiry and triage
Contact us by phone, email or through our website form. We gather the key details, explain how the process works, and confirm the proceedings and issues that need to be assessed.
Quotation and booking
Once we understand the scope of the assessment, we provide a clear quotation, including VAT and any applicable travel costs. If you would like to proceed, we arrange a suitable appointment as quickly as possible.
Assessment appointment
A qualified assessor meets the person face to face or remotely where appropriate and carries out a proceedings-specific capacity assessment.
Report preparation and peer review
The findings are written up clearly in our structured expert report and reviewed by a second qualified professional for quality and consistency.
Certificate completion and secure delivery
Where needed, the official Certificate as to Capacity to Conduct Proceedings is completed as part of the same instruction at no additional cost. Your documentation is then returned securely by email, usually within 5 to 10 working days. Where needed, we can also deal with reasonable minor amendments and provide clarification after delivery.
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Frequently Asked Questions
Yes. We assess capacity to litigate across a wide range of proceedings, including personal injury, clinical negligence, divorce, family and other civil matters where there is concern about whether the person can properly understand and engage in the case.
Yes. Our standard approach is to complete our own robust, CPR Part 35 compliant assessment and report, rather than simply providing the minimum document alone. This gives solicitors and the court clearer reasoning and a stronger evidential foundation.
That depends on the complexity of the case, the background documents available, and whether the matter is urgent. We will advise on likely appointment availability and turnaround at the enquiry stage so expectations are clear from the outset.
It helps to have a summary of the proceedings, any relevant legal documents, medical evidence, previous assessments, and details of any communication or support needs. The clearer the background information is at the start, the easier it is to target the assessment properly.
Yes, where capacity and availability allow. If there is a court deadline, settlement issue, or other procedural urgency, tell us at the enquiry stage and we will advise on the earliest available appointment and turnaround.
Yes. We are often asked to provide an independent second opinion where an earlier assessment is unclear, too brief, poorly reasoned, or likely to be challenged. In those cases, our role is to provide a fresh, structured and properly reasoned opinion focused on the proceedings in issue.
Capacity to Litigate Guides
Our capacity to litigate guides explain how litigation capacity works in practice, when the official certificate may be needed, what solicitors and professionals should provide before assessment, and what makes the evidence stronger, clearer and more defensible. They are designed to help families, professionals and legal teams understand the legal framework, the practical assessment issues, and the common mistakes that can weaken capacity evidence in proceedings.
We also provide mental capacity assessments for other decisions.
If you need a mental capacity assessment for a Lasting Power of Attorney, litigation, property transactions, trustee decisions, retrospective capacity, Court of Protection matters, or any other decision-specific issue, our multidisciplinary team can help.