Mental Capacity to Litigate Assessment
When questions arise about someone’s ability to participate in legal proceedings, a litigation capacity assessment provides the clear, court-ready evidence required. At Nellie Supports, we deliver expert, MCA-compliant reports and Certificates to Conduct Proceedings — giving solicitors, families and the courts confidence in complex cases.
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What Is a Litigation Capacity Assessment?
Under the Mental Capacity Act 2005 and established case law, individuals must have the capacity to conduct proceedings — meaning they can understand, retain, weigh and communicate decisions about their case.
A litigation capacity assessment (sometimes called “capacity to litigate” or “capacity to conduct proceedings”) formally evaluates whether a person can:
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Understand the nature of the proceedings and their possible outcomes
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Provide coherent instructions to their solicitor or representative
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Weigh legal advice, costs, risks and consequences
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Engage with evidence, deadlines, and hearings
As part of our standard practice, Nellie Supports provides two key outputs:
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A comprehensive CPR Part 35–compliant report detailing the assessment findings in full
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The Certificate to Conduct Proceedings (Capacity to Litigate Certificate) — the official form required by the courts, which determines whether a litigation friend or the Official Solicitor should be appointed
This dual approach ensures both the courts and legal teams have the detailed context they need, alongside the formal certificate required for proceedings.
When, Where, Who & How Much — Your Litigation Capacity Questions Answered
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When You’ll Need a Litigation Capacity Assessment
A litigation capacity assessment is required whenever there are concerns about whether an individual can understand and participate in legal proceedings. Common scenarios include:
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When a solicitor or barrister is unsure if their client can provide valid instructions
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Where the court requests a Certificate to Conduct Proceedings before continuing with a case
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When mental health difficulties, dementia, learning disability or fluctuating capacity raise doubts about ability to litigate
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In situations where disputes could be delayed or derailed without independent, court-ready evidence
Timely, robust assessments protect clients’ rights.
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Where We Provide This Service
We carry out litigation capacity assessments across England & Wales. Assessments are arranged in the most appropriate setting for the individual — at home, in hospital, within a solicitor’s office, or remotely via secure video where suitable. Our flexibility ensures accessibility without compromising on legal robustness.
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Who Can Carry It Out
The courts only accept litigation capacity assessments completed by suitably qualified professionals. This includes:
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Doctors (GPs, psychiatrists, consultants)
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Registered social workers
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Health and social care professionals with specialist capacity law training
At Nellie Supports, your assessment is always conducted by a full-time, in-house assessor, not a one-off independent. Every assessor is part of our multidisciplinary team, which includes social workers, psychology graduates, and health professionals who specialise in mental capacity law.
This structure means:
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Reports are peer-reviewed before they reach you, adding another layer of quality assurance.
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You benefit from the combined knowledge and experience of a team that handles thousands of assessments each year.
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We offer true continuity — our team isn’t going anywhere tomorrow. We’re here for the long haul to support clients, families, and solicitors through even the most complex proceedings.
Every report is therefore consistent, defensible, and legally robust, written to withstand scrutiny in contested cases and trusted by courts across England & Wales.
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How Much Does It Cost?
A Capacity to Litigate Assessment is priced at £707.00 (plus VAT and assessor travel).
This fixed fee covers everything you need:
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A face-to-face or secure video assessment tailored to the individual’s needs
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A comprehensive CPR Part 35–compliant report
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The official Certificate to Conduct Proceedings (Capacity to Litigate Certificate) — completed as standard, not an optional extra
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Secure delivery of both report and certificate within 10–14 working days (with expedited options available for urgent cases)
Every instruction begins with a written fixed-fee confirmation, so you have complete clarity on costs before we start.
Why choose Nellie Supports?
We don’t just complete the Certificate to Conduct Proceedings — we also provide a full, CPR Part 35–compliant report as standard. This ensures courts and legal teams have both the official form and the detailed analysis needed to defend decisions.
Every assessment is written in line with the Mental Capacity Act 2005 and CPR Part 35, peer-reviewed internally, and suitable for immediate use in the Court of Protection or civil proceedings.
Our assessors are not ad hoc or one-off contractors. They are full-time, multidisciplinary professionals, backed by years of combined experience and supported by in-house peer review. That means faster turnaround times, consistency, and long-term reliability.
We deliver assessments across England & Wales, either face-to-face (at home, solicitor’s office, or hospital) or via secure remote appointments where appropriate.
Clear, upfront pricing with no hidden extras. The cost includes both the report and the certificate, so you know exactly what you’re getting from the start.
Our Litigation Capacity Assessment Options
We provide two levels of Litigation capacity assessments, depending on the complexity of the case and the level of scrutiny required:
Mental Capacity Assessment
Advanced Mental Capacity Assessment
Our flagship one-visit service for straightforward, decision-specific matters such as routine wills, Lasting Powers of Attorney, property transactions or day-to-day health-and-welfare choices. A registered assessor applies the MCA 2005 two-stage test, adding a MoCA cognitive screen whenever helpful. You receive a clear, CPR 35-compliant report within 5–10 working days—fast, court-ready, and accepted by solicitors nationwide.
Our Mental Capacity Assessments start at just £496.00
Built on the same gold-standard foundations but engineered for higher-risk, contested or high-value scenarios—large estates, family conflict, suspected undue influence or rapid cognitive change. After a brief phone triage, we complete targeted psychometric tests at Visit 1 and the formal capacity interview at Visit 2. The result is a CPR 35-compliant report plus a plain-English Psychometric Summary that quantifies cognitive, emotional and vulnerability factors—extra armour when a decision may be challenged.
Factor | Mental Capacity Assessment (MCA) | Advanced Mental Capacity Assessment (AMCA) |
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Purpose | Standard capacity assessment for a clearly-defined decision (e.g. Will, LPA, property, health & welfare). | Flagship service for complex, high-risk or contested decisions where ordinary interview evidence may require additional supplementary evidence to create a more robust argument |
Ideal for | Most everyday legal or financial choices that still require formal capacity evidence. | Large estates, family conflict, suspected undue influence or exploitation, or any matter likely to be challenged. |
Risk factors addressed | General mental-capacity concerns; assessor escalates if red-flags appear. | Explicit focus on: financial vulnerability, undue influence, cognitive decline, behavioural risk, grief/anxiety impact and other “evidence-pillar” domains. |
Assessment structure | One visit – decision-specific capacity interview (plus optional MoCA if required and appropriate). | Telephone consultation → Visit 1: Psychometric testing → Visit 2: Capacity interview (3-step pathway, but two client visits). |
Psychometric testing | Montreal Cognitive Assessment completed as required and appropriate | Person-Centred battery: MoCA, Financial Vulnerability Assessment, Financial Decision Tracker and assessor-selected NovoPsych scales. |
Emotional / psychological screening | Not included. | Anxiety, grief, trauma and similar factors measured quantitatively so their real impact (or lack of it) is documented. |
Report & legal robustness | CPR35-compliant capacity report. | CPR35-compliant capacity report plus Psychometric Summary Appendix explaining every score in plain English. |
Cost | £496.00 | £995.00 |
Our Process – Step by Step
Call Us to Discuss Your Needs
Contact us by phone, email, or our online form. A senior coordinator will confirm the nature of the proceedings, explain the process, and provide a clear written quotation (including VAT and travel where applicable).
Book a Face-to-Face Appointment
A suitably qualified assessor will meet the client at home, in hospital, a care setting, or via secure video. The assessment is gentle and person-centred, focusing on the functional test (understand, retain, use/weigh, communicate). Where appropriate, cognitive screening tools such as the MoCA may be used to support our findings.
Assessment and Report Writing
The assessor prepares a detailed, CPR 35–compliant expert report. All findings are linked directly to the MCA 2005 four-part test and clearly set out the reasoning behind our professional opinion. Every report is internally peer-reviewed for quality, accuracy, and legal compliance.
Report Delivered Within 10–14 Days
You receive the completed report and certificate within 10–14 working days. Minor amendments are free within 14 days, and our assessors remain available to clarify findings with solicitors, barristers, or the court if required.
Case Study: Capacity to Litigate
When Ms R’s solicitor grew concerned about her ability to participate in ongoing civil proceedings, a litigation capacity assessment was requested. Ms R had a history of fluctuating mental health and her solicitor needed clarity before taking further instructions.
Attempts to obtain evidence from her GP failed — the practice explained they could not complete the Certificate to Conduct Proceedings, and even if they could, they would not provide the detailed analysis the court might require. With deadlines approaching, the case risked delay.
How Nellie Supports Helped
Ms R’s solicitor contacted Nellie Supports and was connected with our litigation assessment coordinator the same day. Within 72 hours:
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A full-time assessor with Court of Protection and litigation experience was appointed.
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The assessment was arranged at Ms R’s home, using plain language explanations and visual aids to support understanding.
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The MCA functional test was applied, alongside litigation-specific questioning about instructions, evidence, risks, and outcomes.
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A comprehensive CPR Part 35–compliant report was written, peer-reviewed internally, and accompanied by the Certificate to Conduct Proceedings, as required by the court.
The Outcome
Within five working days, the solicitor received both the detailed report and the official certificate. The court accepted the evidence without challenge. It confirmed Ms R did not have litigation capacity, allowing a litigation friend to be appointed promptly and ensuring her rights were protected while proceedings continued without further delay.
Key Takeaway
Many professionals only provide the certificate, leaving courts and solicitors without the detailed evidence needed to defend decisions. At Nellie Supports, every case includes both the Certificate to Conduct Proceedings and a full, legally robust report — ensuring deadlines are met and justice is not delayed.
Insights from Our Blog
Stay up to date with the latest guidance on litigation capacity, Court of Protection rulings, and practical tips for solicitors and families. Our blog breaks down complex legal issues into clear, accessible insights.
