Capacity Assesment

clinical assesment

Capacity Assessment

Capacity assessments are decision- and time-specific and involve time spent with the individual and writing a report with conclusions and recommendations. Time is also needed to prepare materials relating to the area of life that is being explored, to ensure that maximum effort is being put into helping the person understand the information relating to the decision.

The Mental Capacity Act, Sections 1, 2 and 3 respectively state that a person:

  • is assumed to have capacity unless the contrary is established, should not be treated as unable to make a decision unless all practicable steps to help them do so have been taken and should not be treated as unable to make a decision simply because the decision made is deemed unwise
  • lacks capacity in relation to a matter if at the time they are unable to make a decision for themselves in relation to that matter because of an impairment of or disturbance in the functioning of the mind or brain
  • is unable to make a decision for themselves if they are unable to understand the information relevant to the decision; retain the information relevant to the decision; use or weigh that information as part of the process of making the decision; or communicate the decision (by whatever means).

Case Study

Examples of areas where capacity assessments have been carried out include capacity to consent to sexual relationships, capacity to manage finances, capacity to sign a tenancy and capacity to make decisions about contact with family members.

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Case Study – Clinical Assesment

A young woman was referred following concerns about her emotional and physical well-being. She had developed a sexual relationship with an older man and the local authority was keen to clarify the woman’s capacity to consent to this relationship.

After a cognitive assessment confirmed that the woman had learning disabilities, a detailed capacity assessment was carried out with regard to her understanding of consent and her knowledge of sex and its ramifications.

The assessment concluded that while the woman was indeed vulnerable, she was able to demonstrate capacity to consent to a sexual relationship. The report made recommendations about support that might be of benefit to both further develop the woman’s knowledge of sexual health and enhance her confidence and self-esteem.