Court of Protection Assessments
Our network of psychiatrists, psychologists and independent social workers are well placed to assist
Providing high quality experts for Court of Protection assessments
The Court of Protection makes decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).
Carter Brown’s network of psychiatrists, psychologists and independent social workers are well placed to assist through their clinical and professional experience in the fields of old age and adult psychiatry, adult mental health and their work within adult and children’s services.
Ready to make a referral?
It only takes 5 minutes, an expert pack with CVs, costs and timescales can be sent to you in as little as 30 minutes if you’re at court.
Our experts have an in-depth understanding of The Mental Capacity Act (2005) and The Mental Capacity Act Code of Practice (2007)
Our experts can undertake assessments of an individual’s capacity to make specific decisions in relation to financial and welfare matters under the Mental Capacity Act 2005, for example:
- How they manage their finances
- Their care arrangements
- Where they live
- The support they have in place.
An expert’s report should reflect their Letter of Instruction in clearly identifying the decisions under consideration, the information relevant to each decision and both the diagnostic and functional elements of capacity. Experts will always seek to understand and explain the relationship between any impairment and its influence on decision-making.
Experts aim to clearly set out their discussions with the individual being assessed and to focus in on each individual decision as a discrete element of the assessment, clearly setting out how they have arrived at their conclusions and their evidential basis.
We recognise that there will be occasions where individuals may not engage and this will always be reflected in an expert’s assessment, alongside the strategies used to enhance engagement and communication, including involving those known to the individual assessed to create an environment, which is inclusive and respectful. Any failure to do so would be contrary to the fundamental principles of the Mental Capacity Act.
Experts have an in depth understanding of The Mental Capacity Act 2005 and importantly, The Mental Capacity Act Code of Practice (2007). Key aspects of this are that:
- Every adult has the right to make their own decisions if they have the capacity to do so.
- Family carers and healthcare or social care staff must assume that a person has the capacity to make decisions, unless it can be established that the person does not have capacity.
- People should receive support to help them make their own decisions.
- Before concluding that individuals lack capacity to make a particular decision, it is important to take all possible steps to try to help them reach a decision themselves.
- People have the right to make decisions that others might think are unwise.
- A person who makes a decision that others think is unwise should not automatically be labelled as lacking the capacity to make a decision.
- Any act done for, or any decision made on behalf of, someone who lacks capacity must be in their best interests.
- Any act done for, or any decision made on behalf of, someone who lacks capacity should be an option that is less restrictive of their basic rights and freedoms – as long as it is still in their best interests.
Ready to make a referral?
It only takes 5 minutes, an expert pack with CVs, costs and timescales can be sent to you in as little as 30 minutes if you’re at court.
Assessments we can deliver
We strive to offer a high quality, professional service that provides direct access to experienced professionals when you need it.
Our unique approach
Carter Brown are one of the UK’s leading multidisciplinary assessment service, providing assessments, consultancy and training to Solicitors, Local Authorities, Organisations and the courts. So what makes us market leaders?
Quality
We provide a variety of in-built systems to support our experienced experts, these include active case management through one point of contact, an in-house proofreading team and professional consultation. When you make a referral to us, you’ll always receive a full estimate of costs, including a breakdown of your time and expenses.
Convenience
We manage each referral individually, matching the needs of your assessment to the expertise and experience of our experts. From one point of contact we will manage the referral and assessment process for you. Our aim is to save you time by providing an accessible and flexible service that immediately meets your assessment needs.
Best value
Our service is completely transparent; we provide expert witness assessments within Legal Aid Agency guidelines and other assessment or project work is completed within a fixed fee. Our robust safer recruitment process validates relevant expertise, excellent practice and compliance including DBS checks, references, professional registration and insurances.