A private capacity assessment at Harley Street Mental Health involves an independent, expert evaluation of an individual’s ability to make specific decisions. Conducted by experienced consultant psychiatrists, our assessments help determine whether someone has the mental capacity to manage finances, consent to medical treatment, create a will, litigate, or make other significant life decisions, following the standards set by the Mental Capacity Act 2005.

All capacity assessments at Harley Street Mental Health are conducted by consultant psychiatrists with expertise in mental health, cognitive functioning, and medico-legal reporting. Our psychiatrists are GMC-registered and trained to provide clear, court-compliant reports that are impartial, thorough, and legally robust.

You may need a capacity assessment if there are concerns about an individual’s ability to:

• Make financial decisions
• Consent to medical treatment or care plans
• Create or amend a will (Testamentary Capacity)
• Enter into legal agreements
• Engage in litigation (Litigation Capacity)
• Choose living arrangements or manage daily affairs

We provide capacity assessments for private individuals, solicitors, deputies, attorneys, and courts.

Yes. Our capacity assessments are fully compliant with the Mental Capacity Act 2005 and its associated Code of Practice. They are routinely accepted by courts, solicitors, local authorities, and NHS services. Our reports are clear, structured, and provide the necessary evidence to support or contest decisions relating to capacity.

During the assessment, your psychiatrist will conduct a structured interview and mental state examination, exploring the specific decision the individual needs to make. They will assess understanding, retention, weighing of information, and ability to communicate a decision, the four key criteria under the Mental Capacity Act. The process is conducted with the utmost sensitivity, respect, and focus on empowering the individual wherever possible.

If you are arranging a capacity assessment, we recommend providing any relevant background information, such as medical records, previous psychiatric assessments, or legal documents. Completing any pre-assessment questionnaires we send will also help ensure the psychiatrist has a full understanding of the situation.
If you are attending the assessment yourself, you don’t need to prepare formally , our psychiatrist will guide you through the process gently and clearly.

Yes. Our psychiatrists are experienced in conducting testamentary capacity assessments in line with the Banks v Goodfellow legal test, ensuring that individuals understand the nature and consequences of making a will, the extent of their estate, and any claims upon it. We provide clear, court-ready reports that can support the validity of a will or assist solicitors in complex cases.

Yes. We provide litigation capacity assessments to determine whether an individual has the mental capacity to instruct a solicitor and conduct legal proceedings. We also provide reports for the Court of Protection, supporting applications for deputyship, welfare decisions, or contested matters around health and finance.

All capacity assessments are conducted according to the Mental Capacity Act 2005, its Code of Practice, and where relevant, additional legal tests such as Banks v Goodfellow (for testamentary capacity). Our assessments are independent, impartial, and fully aligned with the latest legal and clinical standards.

We offer fast access to private capacity assessments, often scheduling appointments within a few days of instruction. We also accommodate urgent capacity assessments for time-sensitive legal cases when required.