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Mental Capacity Assessment
Mental Capacity Assessments for Personal Injury and Clinical Negligence Claims
Court-ready, decision-specific capacity assessments for high-value, complex and contested claims.
A personal injury mental capacity assessment is a decision-specific assessment of whether a person can make a particular decision within a personal injury or clinical negligence claim, such as instructing a solicitor, conducting proceedings, or making decisions about settlement or compensation. It applies the Mental Capacity Act 2005 to the exact decision in question, linking any impairment to its functional impact and to the person's ability to make that decision. Nellie Supports provides these assessments across England and Wales, with structured, defensible, CPR Part 35 ready reporting.
£600 + VAT
Standard fee, stated before instruction
5 working days
Typical turnaround
England and Wales
Nationwide coverage
CPR Part 35
Court-ready reporting
Nellie Supports is England and Wales' largest identified specialist private social work and mental capacity assessment practice, delivered by a permanent full-time team. Services are provided by employed, multidisciplinary professionals, not an ad hoc associate, contractor or referral-panel model. We have completed over 11,000 formal assessments and reports. This service sits alongside our full range of mental capacity assessment services.
When mental capacity becomes an issue in a claim
In many personal injury and clinical negligence cases, concerns about mental capacity arise where there is cognitive impairment, brain injury, psychological trauma or vulnerability. These concerns are not always obvious at the outset, but can become critical as the claim progresses, particularly when key legal decisions need to be made.
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.
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:
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
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.
For the framework in full, read our guide: what is capacity to conduct proceedings.
Our process for personal injury capacity assessments
Initial enquiry and triage
We gather key details, identify the decision or decisions to be assessed, clarify the legal context and consider complexity, so we can advise whether a standard or enhanced approach is right from the outset.
Quotation and booking
Once the scope is clear, we provide a transparent quotation including VAT and any travel costs. For complex or high-value cases we outline the stages of an enhanced assessment.
Assessment appointment
The assessment is carried out in a structured, person-centred way, as a focused decision-specific assessment or a broader enhanced process, face-to-face or remotely depending on the person's needs.
Report preparation and peer review
Findings are brought together into a clear report that applies the legal test to the decision, showing the chain of reasoning from impairment to functional impact to conclusion. Each report is reviewed internally by a second qualified professional.
Secure delivery
Completed reports are delivered securely by email within an agreed timeframe. Where required we provide clarification or minor amendments, and can support further stages of work in complex matters.
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
Fees and timescales
£600 + VAT
Standard fee. VAT at 20% and travel costs are not included. Enhanced assessment from £3,500 + VAT.
Capacity to Litigate
Capacity to Instruct a Solicitor
Capacity to Make Settlement Decisions
Capacity to Manage Finances and Property
Retrospective Capacity
Independent Review and Second Opinion
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Standard or Enhanced, which level of evidence does your case need?
The same legal question can be assessed at different levels depending on the complexity of the case, the value of the claim and the likelihood of challenge. For lower-risk matters a standard assessment is proportionate; for complex, high-value or contested claims an enhanced assessment provides a deeper, more defensible evidential foundation.
Standard Assessment
£600 + VAT
- Decision-specific assessment aligned with the Mental Capacity Act 2005
- Structured interview and functional assessment
- MoCA where appropriate to support impairment evidence
- Clear link between findings and the legal test
- Clear, court-ready report
Suitable for straightforward or lower-risk cases where dispute is unlikely.
Enhanced Assessment
£3,500 + VAT
- Extended, multi-layered assessment process
- MoCA and targeted psychometric input where appropriate
- Broader evidential framework including daily functioning and context
- Structured assessment of vulnerability and potential undue influence
- CPR Part 35-ready reporting where required
Designed for complex, high-value or contested claims.
A full-time, multidisciplinary team
Nellie Supports is built on an employed, permanent team: registered social workers, a Chartered Psychologist and specialist assessors working together to one standard, with every report peer reviewed by a second qualified professional. Your assessment is never passed to an associate bank or referral panel.
The right professional for the decision
Capacity questions range from care and residence to complex cognition and prognosis. A multidisciplinary team means the discipline is matched to the decision, not to whoever is available.
One consistent standard
The team works together full time, so every assessment follows the same methodology and peer review is built into every report rather than bolted on.
Accountability you can name
Your report is signed by an employed professional who answers for their work, and the practice stands behind it.
Continuity, not hand-offs
The people who take your enquiry, carry out the assessment and review the report all work in one practice, so nothing is lost between stages.
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, an enhanced assessment was completed. It brought together a decision-specific assessment of each decision, cognitive screening and a broader evidential framework.
The outcome
The enhanced assessment provided clear evidence that the client did not have capacity for either decision. Where a claim is high in value and capacity is contested, and expert views may differ, this depth of assessment is what gives the evidence the reasoning and rigour to withstand close scrutiny.
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.
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 and enhanced
The right depth of evidence for the case, from focused opinions to enhanced, multi-layered evaluations.
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.
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.
What is the difference between a standard and an enhanced assessment?
Both apply the same legal test and are decision-specific. A standard assessment suits straightforward, lower-risk matters. An enhanced assessment is for complex, high-value or disputed cases where the evidence may be scrutinised in detail, providing a broader evidential foundation and a more comprehensive report.
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 in line with the Mental Capacity Act 2005, and where complexity is higher this may form part of an enhanced assessment.
What happens if the person is found to lack capacity?
The report provides clear evidence to help determine the next steps. The claim does not stop, but decisions are made lawfully and in the person's best interests. This may involve a litigation friend conducting proceedings, or an application to the Court of Protection where longer-term decision-making, such as deputyship for compensation, is required.
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.
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.
Book a personal injury capacity assessment
Tell us about the claim and the decision in question and we will confirm whether a standard or enhanced assessment is right, the fee, and the earliest appointment.
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.