Mental Capacity Assessment (MCA 2005)
Independent mental capacity assessments under the Mental Capacity Act 2005 for proceedings in England and Wales. Our consultant psychiatrists provide decision-specific evaluations of capacity, applying the statutory test and principles to assist the court in considering whether individuals can make particular decisions for themselves.
When This Report Is Instructed
- Court of Protection applications requiring capacity evidence
- Disputes over capacity to make financial decisions
- Assessment of capacity to make decisions about residence or care
- Capacity to consent to medical treatment
- Capacity to marry or enter into sexual relations
- Deputyship applications requiring medical evidence
- Best interests decisions requiring capacity assessment
What the Report Covers
- Comprehensive psychiatric assessment and diagnosis of any impairment
- Application of the Mental Capacity Act 2005 statutory test
- Assessment of the specific decision(s) in question
- Evaluation of ability to understand relevant information
- Assessment of ability to retain information long enough to make the decision
- Evaluation of ability to use or weigh information
- Assessment of ability to communicate the decision
- Consideration of whether incapacity is caused by impairment of mind or brain
- Assessment of fluctuating capacity where relevant
- Recommendations for maximising capacity and supported decision-making
The report provides independent expert psychiatric opinion to assist the court or tribunal and does not determine liability, findings of fact, or legal outcomes.
Expert Standards
Duty to the Court
Independent, objective opinion uninfluenced by the instructing party.
CPR Part 35 Compliance
Full compliance with CPR Part 35 and Practice Direction.
Statement of Truth
Expert declaration and Statement of Truth included.
This applies equally to claimant, defendant, and single joint expert instructions.
How to Instruct
Send your instruction
Email instruct@psychiatric.report with your letter of instruction, relevant documents, medical records, and questions to address.
Assessment arranged
Assessment arranged remotely or at a suitable location, as required by the instruction.
Draft report issued
Draft report provided for review. Part 35 questions and addenda addressed as applicable.
Final report delivered
Final report with CPR declarations. Court attendance available if required.
Practicalities
Turnaround
2–4 weeks standard; expedited available subject to availability
Indicative Fee
£1,400–£2,000
Subject to complexity and records volume
Additional work: Part 35 questions, addenda, joint statements, and court attendance are available where required. Fees for additional work are confirmed once scope is clear.
We typically respond within 1 working day.