Independent evidence · England and Wales
Mental Capacity Assessments for Personal Injury and Clinical Negligence Claims
Evidence for a clear next step.
We provide capacity assessments for personal injury and clinical negligence claims. From conducting proceedings to managing compensation, each question is assessed separately. The report gives the legal team clear evidence and reasoning, with the person supported to take part.
The question, evidence, report requirements and fee are agreed before instruction. No preferred finding or court outcome is promised.
Assessment overview
We provide capacity assessments for personal injury and clinical negligence claims. From conducting proceedings to managing compensation, each question is assessed separately. The report gives the legal team clear evidence and reasoning, with the person supported to take part.
Capacity evidence for the decisions arising in a personal injury or clinical negligence claim.
Standard fee, stated before instruction: £720 including VAT
Turnaround from assessment visit: 5 working days
Nationwide coverage: England and Wales
Court-ready reporting: CPR Part 35
Is this the right service?
Who are you arranging this for?
The assessment is the same rigorous process whoever instructs it. What changes is what you need to know first.
I am supporting a family member
An injury can change how a person manages information, but it does not remove their right to make decisions. We explain the question being assessed, consider their communication and support needs and help them take part without requiring them to manage every part of a claim unaided.
I am instructing as a solicitor or litigation team
Tell us which opinion is required and provide the pleadings or case summary, relevant medical and rehabilitation evidence, legal advice and any court directions. Conducting the claim and managing a compensation award are different questions. The report and expert-evidence requirements are agreed for the particular instruction.
What is a personal injury capacity assessment?
An independent social-work practice with an employed professional team and peer-reviewed reporting. Explore our mental capacity assessment services to find the right starting point.
Read how we evidence our scale on our Permanent Team, National Scale page, and how reports are governed and peer reviewed in our Professional Standards.
What is a personal injury capacity assessment?
A capacity assessment in a personal injury claim begins with the decision requiring evidence. The assessor considers the person’s ability to decide with practicable support and, under the Mental Capacity Act, whether any inability is caused by an impairment or disturbance of mind or brain. The fact that an injury occurred does not answer the question.
We distinguish the capacity to conduct proceedings from decisions about money, care or other matters arising in the same case. Assessment findings must be linked to the question and relevant time, rather than presented as a single overall verdict on the claimant.
Where litigation capacity is lacking, the applicable court rules govern representation and any litigation friend. A settlement involving a protected party may require court approval. Our evidence can assist those decisions, but it does not replace the court’s role or the legal team’s responsibilities.
When mental capacity becomes an issue in a claim
The question may arise during rehabilitation, when advice is being given, before settlement or when future management of compensation is being considered. The assessment should use the claim’s real issues and the support available. Fatigue, pain, medication and communication needs may affect the arrangements without themselves proving incapacity.
Capacity may need to be assessed where there are questions about whether a person can instruct their solicitor, understand the nature of the proceedings, or make informed decisions about settlement, rehabilitation or financial matters. Because capacity is both decision-specific and time-specific, a clear, structured assessment is essential to avoid delay, dispute or increased scrutiny from the court or opposing parties.
Doubt about instructing a solicitor
The legal team is unsure whether the client can give valid instructions, understand advice or hold a consistent position.
Brain injury or cognitive impairment
The injury, or the treatment following it, has affected memory, reasoning, insight or executive function.
Approaching settlement
A Part 36 offer, a schedule of loss or a round-table meeting requires a decision the client may not be able to make.
Protected party status in question
The court, the other side or a proposed litigation friend needs evidence on whether CPR Part 21 applies.
Contested or high-value claim
Capacity is disputed, expert views differ, or the value of the claim means the evidence will be examined closely.
Compensation and deputyship
A damages award is anticipated and there are questions about whether the person can manage it, or whether a Court of Protection deputy is needed.
The relevant information must match the decision
Capacity to instruct a solicitor is not the same as capacity to agree a settlement, and neither is the same as capacity to manage the compensation afterwards. The assessor identifies the information genuinely relevant to the decision actually in question, and assesses each decision separately.
An unwise decision is not the same as lacking capacity
A claimant is entitled to reject advice, accept an offer others would refuse, or take a risk their legal team would not. The question is whether the person can make the decision, not whether it is the decision anyone else would have made.
Why choose Nellie Supports for a personal injury capacity assessment
The value of the service lies in the assessment and the explanation behind it: the relevant expertise, a supported process, careful use of records and a written opinion that others can examine. Our role is to provide independent evidence within the agreed instruction.
For families
Know the work, cost and timetable before booking. We agree the appointment arrangements around the person’s needs and explain what the completed report will include.
For solicitors and litigation teams
An employed professional team, with relevant expertise and a second professional reviewing the report. We agree the appropriate assessor and written output for your instruction.
Why solicitors, insurers and litigation teams choose Nellie Supports
Capacity specialists
Our assessors specialise exclusively in mental capacity assessment, applying the legal test to the specific decision, not a general clinical opinion.
Built for litigation
Structured, decision-specific reporting designed to support the progression of a claim and withstand scrutiny.
Standard, Advanced and Enhanced
The evidence and assessment work are agreed around the particular decisions. Our standard assessment is suitable for most instructions. If additional evidence would help, the Advanced and Enhanced assessments page explains the available work and fees.
A clear chain of reasoning
From impairment, to functional impact, to the conclusion on capacity, so the opinion can be properly understood and tested.
CPR Part 35 ready
Reports prepared for use in litigation, including CPR Part 35 contexts where required.
Independent and balanced
We do not work to a predetermined outcome. An independent, well-reasoned report is more likely to withstand challenge.
For solicitors, deputies and other professionals
Instruction is straightforward and the evidential standard is consistent whichever decision is being assessed:
Scope confirmed in writing
The decisions to be assessed, the fee and the timescale are confirmed in writing before instruction.
A traceable evidential line
Evidence, analysis and conclusion are set out in a structure a court, bank or public body can scrutinise.
Peer review as standard
A second qualified professional reviews every report before it leaves the practice.
Follow-up clarification
Clarification for instructing parties is included after the report is delivered.
What is included?
What this assessment covers
We agree each question separately, identify the relevant information and consider what the person can decide with support. A report on conducting proceedings must consider the case as a whole; a question about managing an award needs its own financial context. The following examples help define the instruction.
What the claim is about, who it is against and what it is seeking to recover
The role of the solicitor and the barrister, and what it means to give and to follow instructions
The main steps in the proceedings, and that the case may settle or may go to a hearing
The options available at each decision point, including accepting or rejecting an offer
The likely consequences of each option, including that a settlement is normally final
The risks of the claim, including costs, delay and the possibility of recovering nothing
The legal test we apply
Mental capacity is a legal test, not a diagnostic one. Applying the Mental Capacity Act 2005 to the specific decision in the claim, the functional test asks whether the person can:
The court is not simply concerned with whether a person has a condition or impairment, but whether that impairment affects their ability to make the specific decision required. Our reports show a clear chain of reasoning from impairment, to functional impact, to the conclusion on capacity, which is what allows the evidence to withstand scrutiny in litigation.
Framework: Mental Capacity Act 2005 ss 1 to 3; CPR Part 21 on protected parties; reports prepared to CPR Part 35 standards where expert evidence applies.
Read the supporting guidance
Understand the information relevant to the decision, such as instructing a solicitor, conducting proceedings or settling the claim
Retain that information long enough to make the decision
Use or weigh that information as part of making the decision
Communicate their decision by any means
Inside a Nellie Supports report
Every report shows a clear chain of reasoning, from impairment to functional impact to the conclusion on capacity, so it can be understood and scrutinised.
Instruction and the specific decision assessed
Documents and records reviewed
Relevant information for the decision in question
Assessment method and practicable support provided
Impairment and its functional impact
Analysis against the Mental Capacity Act 2005 test
Conclusion and professional opinion
Limitations, declarations and CPR Part 35 matters where relevant
How the assessment works
Our process for personal injury capacity assessments
Initial enquiry and triage
Tell us the decision, who needs the report and any deadline. We discuss the person’s needs and confirm the right service before booking.
Quotation and booking
Receive a written scope, fee including applicable VAT and agreed timetable. Travel and any additional work are explained before you proceed.
Assessment appointment
The assessor meets the person in an appropriate setting, explains the relevant information clearly and provides the support they need to take part.
Report preparation and peer review
The report explains the evidence, reasoning and conclusion. A second professional reviews it before delivery. Any court-specific requirements are agreed at instruction.
Secure delivery
Receive the report securely, with its findings and any limitations clearly explained. We respond to clarification requests within the agreed scope.
How this works in practice
The situation
Our client was living with an acquired brain injury following a road traffic accident. Their solicitor instructed Nellie Supports to assess two decisions in the personal injury claim: capacity to conduct the litigation, and capacity to agree a settlement.
The assessment
Because of the high value of the claim and the likelihood that the evidence would be closely scrutinised, additional assessment work was completed. It brought together a decision-specific assessment of each decision, cognitive screening and a broader evidential framework.
The outcome
The assessment provided clear evidence that the client did not have capacity for either decision. The report explained the evidence and reasoning for each conclusion. The scope of any new instruction is agreed according to the decisions and supporting evidence required.
This is an illustrative example, drawn from the common features of the personal injury capacity cases we assess. It does not describe any individual client.
How we support decision-making
The Mental Capacity Act 2005 requires that no one is treated as unable to make a decision unless all practicable steps to help them have been taken without success. That support is built into every assessment:
Plain language and real examples
Decisions are explained using the person's own circumstances and the decision actually in front of them, rather than abstract scenarios.
The right time and place
Appointments are arranged for when the person functions best, at home, in a care setting, in hospital or remotely.
A familiar person nearby
A relative, friend or carer can be close at hand where that reassures, while the assessment itself remains independent.
Communication adjustments
More time, information broken into stages, and written notes or aids where they help the person express a view.
Preparing your instruction
Evidence we review
We review the documents relevant to the question and explain how to share them securely. The report distinguishes records, the person’s own responses and information supplied by others.
Medical and rehabilitation records
GP and hospital records, imaging, neuropsychology and rehabilitation notes bearing on impairment and its functional impact.
Expert reports already in the case
Condition and prognosis reports, care reports and any existing capacity opinion, including one instructed by the other side.
Case papers
Pleadings, the schedule of loss, offers made and correspondence showing which decisions the person has actually faced.
Solicitor's attendance notes
A contemporaneous record of how instructions have been given, and whether the person's position has been consistent.
Care and support records
Care plans and daily notes describing how the person manages day to day, and what support is already in place.
Accounts from people who know the person
Observations from family, carers and case managers about decision-making before and since the injury.
Book a personal injury capacity assessment
Tell us about the claim and the decision in question and we will confirm whether a Standard, Advanced or Enhanced assessment is right, the fee, and the earliest appointment.
Reports are typically delivered within 5 working days of the assessment visit.
Book a personal injury capacity assessment
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.
Fees and scope
Is your case more complex?
The assessment and fee on this page cover our standard service, which is suitable for most instructions. If your case is more complex, high-risk or potentially contested, additional evidence may help. We can advise on the appropriate scope before booking.
Fees and timescales
£720 including VAT
Standard fee. Displayed service fees include VAT. Travel costs are confirmed separately. If your case needs additional evidence, follow the Advanced and Enhanced assessments link below to explore the scope and fees. Travel time is charged at £48 per hour including VAT (£40 excluding VAT) where applicable and is confirmed before booking.
Capacity to Litigate
Whether the person can understand and participate in legal proceedings, including giving instructions, following advice and making decisions within the litigation.
Capacity to Instruct a Solicitor
Whether the person can give valid instructions on a specific legal matter, understanding advice, weighing options and communicating decisions.
Capacity to Make Settlement Decisions
Whether the person can make the specific decision about settling the claim, understanding the terms, the consequences and the alternatives.
Capacity to Manage Finances and Property
Whether the person can manage compensation, property and financial affairs following a claim, often relevant where deputyship or Court of Protection involvement is being considered.
Retrospective Capacity
Capacity at a past point in time, often needed where decisions or actions within a claim are challenged after the event.
Independent Review and Second Opinion
A critical review of an existing capacity assessment to identify gaps in reasoning or evidential weaknesses in contested or high-risk cases.
Common questions
Personal injury capacity FAQs
When is a mental capacity assessment needed in a personal injury claim?
Where there are concerns about whether a person can instruct a solicitor, conduct proceedings, make decisions about settlement, or manage compensation. This can arise at any stage, particularly where there is cognitive impairment, psychological difficulty or dispute about decision-making ability.
Do I need a neuropsychologist or psychiatrist for a capacity assessment?
Not necessarily. Those professionals assess cognitive or psychiatric impairment, but mental capacity is a legal test requiring structured, decision-specific analysis under the Mental Capacity Act 2005. Our assessors specialise exclusively in capacity assessment. What matters in litigation is whether the assessment clearly applies the legal test and links impairment to decision-making ability.
When might additional assessment work help?
The assessment and fee on this page cover our standard service, which is suitable for most instructions. If your case is more complex, high-risk or potentially contested, additional evidence may help. We can advise on the appropriate scope before booking.
Can you assess more than one decision within the same case?
Yes. Many claims involve more than one capacity question, such as instructing a solicitor, conducting proceedings and making decisions about settlement. Each decision is assessed separately. Where psychometric evaluation would support several MCAs, it can be quoted separately under an agreed scope rather than as a complete Advanced package for every decision.
What happens if the person is found to lack capacity?
The next steps depend on the question assessed and the court rules that apply. They may include considering a litigation friend, court approval of settlement or a separate application about managing compensation. The assessment does not itself appoint a representative, authorise a settlement or establish that a deputyship is necessary.
Will you provide a report that supports our case?
No. Our role is an independent, objective assessment based on the evidence and the correct application of the legal test. We do not work to a predetermined outcome. Where the evidence supports the position being advanced we explain that clearly; where it does not, our conclusions reflect that. An independent, well-reasoned report is more likely to withstand scrutiny.
Where do you cover?
Assessments are carried out across England and Wales, at home, in care settings, in hospital or remotely where appropriate. Travel is charged at £48 per hour including VAT (£40 excluding VAT) and confirmed before booking.
Who will carry out the assessment?
A registered professional from our permanent, employed team, which includes Social Work England and Social Care Wales registered social workers and a Chartered Psychologist (BPS). Every report is peer reviewed by a second qualified professional before delivery.
Sources and further reading
Litigation capacity guides
What is capacity to conduct proceedings?
The decision, the test and who assesses it
Protected parties and litigation friends explained
How proceedings continue where a person lacks capacity
Evidence needed for a litigation capacity report
What strengthens the assessment and the report
Court-ready capacity to litigate assessments
What makes a report stand up in proceedings
CPR Part 35: a solicitor's guide to instructing a capacity expert
Instructing expert capacity evidence correctly
Other assessment types
Personal injury claims often involve more than one capacity question. If you need an assessment for conducting the proceedings, managing compensation, or a Court of Protection COP3, our team can help.
Capacity to litigate assessment
For conducting the proceedings themselves
We provide independent assessment and professional evidence. Legal advice and court applications remain with the relevant legal adviser.
Capacity to Manage Finances
Independent, decision-specific assessment of capacity to manage money, property and financial affairs.
COP3 mental capacity assessment
For Court of Protection deputyship applications.