The act of undertaking a mental capacity act assessment is not neutral. The assessment can be extremely intrusive and therefore a potential source of anxiety for the person. This can be compounded during Court of Protection proceedings, where assessments are often undertaken during a particularly distressing period of a person’s life, with complex contextual factors meaning the person may have already experienced a prolonged period of emotionally charged and challenging situations.
Therefore, compassion and flexibility are required to ensure the person feels comfortable to engage, and also provide insightful reports for the Court, with meaningful and tailored recommendations to the individual’s specific needs.
There is a history of vulnerable individuals having important decisions made on their behalf. This is particularly notable within the field of those with learning disabilities and/or mental health issues. I am passionate about ensuring the key principles of the Mental Capacity Act (2005) are upheld to promote the presumption of decision and time specific capacity unless clear evidence can be provided otherwise. I advocate for the reduction of paternalistic practices, and strive to empower and protect adults who may lack the capacity to make decisions for themselves.
I work collaboratively with the person, instructing parties, and any appropriate support services, to ensure any barriers are identified in advance and that all practicable steps are made to enhance the person’s capacity, including recommendations that may lead to the person developing or gaining capacity where possible.
I provide a clinical opinion on a person’s presentation, any individual and wider systemic needs, the potential static and dynamic contributing factors, and recommendations for future interventions and/or support. This will include identifying a direct causative nexus for a person’s inability to make the decision because of an identified impairment or disturbance in the functioning of the mind or brain.
- Mental Capacity Act assessments, undertaken in line with the core principles of the Mental Capacity Act 2005, in that capacity is time and decision specific, such as:
- litigation capacity
- care and treatment
- residence
- entering and surrendering a tenancy agreement
- use of the internet and social media
- financial affairs
- contact with others
- sexual relationships
- contraception
- marriage
- medical interventions
- plus, more nuanced, tailored and context specific assessments for complex cases
- Recommendations for future assessments
- Recommendations for interventions and support
- Recommendations for the adaptation of Court and/or professionals working with the person
- Clinical observations
- Cognitive functioning / intellectual functioning assessments to comment on the person’s abilities and needs
- More specific neuropsychological assessments (e.g., memory, executive functioning etc.)
- Comprehensive Psychological Assessments
- Mental health and personality disorder assessments
- Neurodiversity assessment, such as autism
- Mental Health Conditions (e.g., anxiety, depression etc.)
- Suggestibility assessments