Item Specific

Item Specific Mental Capacity Assessment

What is an Item Specific Capacity Assessment?

An Item Specific Capacity Assessment is completed to assess a person’s capacity in any area that we have been instructed to assess. As capacity is item and time specific, we will need to have one or two specific questions that are to be addressed. Examples of assessments we have completed include capacity to decide where to reside, capacity to marry or capacity to decide who someone sees.

What is included in the Item Specific Assessment?

Our Item Specific Assessments are written as a detailed report and include a single visit to the client’s address, the assessment, travel and reading time.

If your instructions include multiple questions to be asked, please note that we will only complete as many questions in one assessment as the client is happy with or able to complete. If it is deemed necessary another visit can be arranged to discuss further questions, however there will be a small additional change.

What case law do you use?

This will depend on the questions being asked, we may use a combination of the Mental Capacity Act (2005) and the two-stage test as well as relevant case law. Our Assessors and Quality Monitoring Officers continually update their knowledge of the latest and most relevant case law.

What information do you need from me?

The information we require depends on the points being assessed, but we will need information surrounding that question. Our expert Capacity Assessors use the information provided to us prior to the assessment to construct a question set and then use the information to verify the information given.

Contact us for a copy of our bespoke referral form which lays out the information we request for various assessments. Our dedicated Client Liaison Officers are also able to advise you on this matter during the process.

What happens in the assessment?

The assessment is very much conversational, with open questions, with the focus remaining centred around the person being assessed.  The questions will cover the points being addressed and if there is any documentation the Assessor will also take the client through that.

All of our assessments take place at a location chosen by the client to assist them in feeling as comfortable as possible. We also encourage family or friends to be there to introduce the Assessor if that would be seen as beneficial, but we do ask that the assessment takes place with only the individual and the Assessor. This is to ensure that there is no question of the client being under any duress and allows them to speak freely.

Why is an Item Specific Assessment necessary?

There may be a number of reasons why the assessment is needed. Our Item Specific Assessment reports are used in a variety of situations where a person capacity is being questioned. The capacity assessment can provide an answer in contentious situations and an opportunity for the client to have a voice, expressing their wishes to an independent party.

What happens if the client lacks capacity?

If a person is deemed to lack capacity the Assessor is able to write up their findings as a detailed report or another form of legal documentation, such as a CoP3 form.

To discuss arranging an Item Specific Capacity Assessment, please contact us for further details.