GUIDES
Our registered social workers and psychologists complete decision-specific mental capacity assessments for families, solicitors, professional deputies, case managers, local authorities and other professionals who need clear, evidence-based capacity reports. The quality of the assessor matters because the report may be relied on by families, solicitors, deputies, attorneys, the Office of the Public Guardian, the Court of Protection or other professionals.An assessor may be a social worker, psychologist, doctor, nurse, occupational therapist, speech and language therapist or another suitably experienced professional. The important question is not the job title. It is whether they have the knowledge, experience, independence and report-writing ability to apply the legal test properly and explain their opinion clearly. You can read more in our guide Who can assess mental capacity?
Specialist mental capacity assessors for legal, financial, welfare and Court of Protection decisions across England and Wales
Our registered social workers and psychologists complete decision-specific mental capacity assessments for families, solicitors, professional deputies, case managers, local authorities and other professionals who need clear, evidence-based capacity reports. The quality of the assessor matters because the report may be relied on by families, solicitors, deputies, attorneys, the Office of the Public Guardian, the Court of Protection or other professionals.
An assessor may be a social worker, psychologist, doctor, nurse, occupational therapist, speech and language therapist or another suitably experienced professional. The important question is not the job title. It is whether they have the knowledge, experience, independence and report-writing ability to apply the legal test properly and explain their opinion clearly. You can read more in our guide Who can assess mental capacity?
A mental capacity assessor is a professional who assesses whether a person can make a specific decision at the time it needs to be made. Capacity is not assessed in general: a person may be able to manage everyday spending but not sell a house, or decide where they want to live but not conduct litigation. A proper assessment is therefore decision-specific, time-specific and evidence-based.
We assess capacity for a wide range of decisions, including:
A good assessor should be able to do more than meet the person and give a conclusion. Look for evidence of the following:
Every instruction begins with clarifying the exact decision or decisions to be assessed and the report format required, whether that is a COP3, an LPA assessment, a litigation report or testamentary capacity. We then identify and review the evidence needed before the assessment, which may include medical records, care records, social work notes, legal documents, draft Wills, LPA forms, financial information, court papers and previous assessments.
Before the assessment we identify the relevant information the person needs to understand, retain, use or weigh, and the support that may help them make the decision for themselves.
The assessment method should suit the person and the decision; ask whether an in-person or remote appointment is proposed and why. The assessor should explain the purpose, check communication needs and explore the relevant decision with practicable support. Agree the arrangements for clarification after the report is delivered.
A strong report sets out the specific decision assessed, who instructed the assessor and why, the documents reviewed, the relevant information, the practicable steps taken, the person's presentation and responses, the evidence of impairment, the analysis of understanding, retention, use and weighing, and communication, the causal link between any impairment and the inability to decide, any fluctuating or borderline capacity, relevant case law, and a clear conclusion with professional reasoning.
Where required, reports include CPR Part 35 wording and a statement of truth. Where an existing report does not do this properly, a critical review or second opinion may be needed.
Choose an assessor by the exact decision, intended use, relevant competence, required form, communication support, evidence, independence, report quality, timing and total fee. CPR Part 35 is not a universal rule for every capacity report. Check the procedure that applies to the particular court or process.
Nellie Supports is a social work led multidisciplinary practice working across England and Wales through an employed team. When choosing any provider, check the named assessor’s relevant experience, availability and report requirements. A practice’s size or employment model alone does not establish suitability for a particular decision.
Our assessment model is built around professional standards, supervision, peer learning, report quality and ongoing professional development. New assessors complete structured induction, supervised practice and shadowing, the team receives ongoing CPD and reflective supervision, and in complex or court-facing matters report quality and peer review focus on clarity, evidential sufficiency and the link between the person's impairment and their ability to make the specific decision.
Mental capacity assessments · The Mental Capacity Act 2005 · Banks v Goodfellow (1870) · Capacity report critical review · Guides and resource directory
Does a mental capacity assessor have to be a doctor?
No. An assessor may be a social worker, psychologist, doctor, nurse, occupational therapist, speech and language therapist or another suitably experienced professional. What matters is the knowledge, experience, independence and report-writing ability to apply the legal test properly.
Why does the assessment have to be decision-specific?
Because capacity is not assessed in general. A person may be able to make one decision but not another, so the assessor must identify the exact decision, the relevant information for it and the consequences of the options available.
Does psychometric or cognitive testing replace the legal test?
No. Testing does not replace the Mental Capacity Act test, but it can strengthen the evidential basis of a report where cognition, memory, reasoning or executive functioning is in issue.
When does CPR Part 35 apply?
CPR Part 35 applies to expert evidence in civil proceedings within its scope. The Family Court and Court of Protection have their own rules and directions. Identify the relevant court or process and agree the required declarations, report structure and any permission before instructing.
Confirm the decision, legal framework, intended use, named assessor, records, communication support and written output. Agree timing, the total fee and any charges for clarification, meetings or hearing attendance. Keep the instruction and quote together.
This guide is general information about mental capacity assessment in England and Wales, not legal advice, and does not create a professional relationship. Nellie Supports provides independent social work assessment, evidence and advocacy support. We do not provide regulated legal advice, and where a legal remedy is needed we will say so and support your solicitor's work.
Content checked and updated 15 September 2026.
For families and professionals
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Written and reviewed
Ask the proposed assessor to explain how the instruction, relevant information, records and appointment will be used to answer the specific capacity question.
For an MCA decision, a report should identify the decision and relevant time, explain practicable support and analyse understanding, retention, use or weighing and communication. Any finding of inability must be linked to an impairment or disturbance of the mind or brain. Making a person’s own will requires the separate testamentary-capacity framework.
Check how the report separates records, observations, other people’s accounts and professional opinion. Ask how conflicts, missing information, fluctuation and limits will be explained. A diagnosis, risk concern or family disagreement cannot replace the required reasoning.
For a complex or disputed decision, identify which facts need further investigation and whether another professional’s expertise is required. Agree the scope of any additional work and how it will be reported; more reports are useful only if they answer an unresolved question.
Defined decision; Applicable test; Practicable support; Functional evidence; Explained causal link
Tell the assessor how the person communicates, what helps them understand information and whether timing, fatigue, distress or their environment affects participation. Agree any aids, breaks or supporter involvement in advance.
This reflects two core principles of the Mental Capacity Act 2005: Principle 1, that a person must be assumed to have capacity unless it is established that they lack it; and Principle 2, that 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.
The conversation should use accessible explanations, suitable pacing and appropriate prompts or breaks. The person should have an opportunity to explain their own understanding. Assistance should support their decision rather than supply a preferred answer.
Ask how practicable support will be recorded and whether the person may need further information, another appointment or specialist communication input. An unwise choice or difficulty speaking does not, by itself, establish incapacity.
The report should explain what happened during assessment, what the person understood and how they reached or communicated a decision. If the evidence is incomplete or a conclusion remains uncertain, that limit should be clear.
Before relying on the report, check that it answers the instructed decision and identifies the evidence supporting its conclusion. Clarify any missing reasoning or factual error with the author and keep the response with the original report.
A GOOD PLACE TO START
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