Capacity Assessment Policy

Purpose

This policy outlines The Brooke Surgery’s position on conducting capacity assessments and provides guidance for patients and professionals seeking such assessments.

Policy Statement

As a practice, we are committed to providing high-quality care within the scope of our NHS contractual obligations. However, conducting capacity assessments for legal purposes, such as those required by the Court of Protection, falls outside our contracted duties as NHS GPs. Our clinicians do not have the specialised training or indemnification required to perform these assessments, and therefore, we do not undertake them.

Understanding Capacity

• A person's capacity must be assessed specifically in terms of their capacity to make a particular decision at the time it needs to be made.
• Capacity must not be determined on the basis of age, appearance, condition, or an aspect of the person's behaviour.
• The starting assumption must always be that the person has the capacity until there is proof that they lack capacity.
• Anyone who concludes that a person lacks capacity should be able to provide evidence and demonstrate that they have taken all practicable steps to help the person make a decision for themselves.
• Capacity to make specific decisions may change over time, and if possible, a decision may need to be postponed, and the person's capacity reviewed and reassessed.

Role of GPs in Capacity Assessments

• GPs are often asked to make Mental Capacity Assessments for patients. These assessments can be requested for a variety of different reasons.
• As GPs, it is an essential part of our role that we are able to perform capacity assessments which relate to decisions regarding medical investigations, treatment, and care.  However, capacity assessments relating to overall welfare, finances, and property are more complex and outside our expertise. It’s essential that adequate time and attention is dedicated to these assessments.
• Those carrying out these assessments for legal purposes must be appropriately trained and experienced in this area.
• Legal capacity assessments do not fall within the NHS duties of GPs or Psychiatrists. We recommend that such assessments are conducted on a private basis by a Consultant Psychiatrist.

Guidance for Patients and Solicitors

1. Capacity Assessments

• Our practice does not conduct capacity assessments for legal purposes, including those required by the Court of Protection.
• Patients or their representatives seeking a capacity assessment should contact a qualified professional who specialises in this area.

2. Alternative Arrangements

• Solicitors or patients requiring a capacity assessment should arrange for an independent specialist, such as a psychiatrist or a clinical psychologist, who is trained and indemnified to perform such assessments.

3. Consultation and Advice

• While we do not conduct capacity assessments, we are available to discuss any medical concerns or provide general advice related to a patient's health and well-being.

4. Contact Information

• For further assistance or to discuss specific cases, please contact our operations manager, Lorraine Sice.

Conclusion

We realise that this may cause some inconvenience, but our priority must be to our core NHS duties. We appreciate your understanding and cooperation in directing capacity assessment requests to the appropriate professionals. Our priority remains to provide the best possible care within our practice's scope and capabilities.