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Mental Capacity / Diagnosis
A mental capacity assessment evaluates an individual’s ability to make specific decisions and provide instructions within immigration proceedings. These reports are essential for determining whether a claimant requires a litigation friend or specialized support to ensure a fair hearing.
Overview
When this report is required
- To determine if a claimant has the mental capacity to instruct a solicitor or conduct litigation
- To satisfy the court that a claimant can understand, retain, and weigh information relevant to their case
- To provide a formal diagnosis of a mental disorder that may impair decision-making or witness reliability
- To support an application for a litigation friend in the First-tier Tribunal (IAC) or Upper Tribunal
What the expert assesses
- Functional decision-making ability
- Ability to understand and retain legal advice
- Impact of mental disorder on instruction-giving
- Clinical diagnosis of cognitive or psychiatric impairment
- Requirement for a litigation friend or procedural adjustments
Report specification
| Element | Detail |
|---|---|
| Assessment Setting | Clinic, Hospital, Remote |
| Court Acceptance | First-tier Tribunal (IAC), Upper Tribunal, Court of Protection |
| Compliance | CPR Part 35, Mental Capacity Act 2005 |
CPR Part 35 Compliant
Digital Delivery
Urgent Instructions
Specialist expertise
Forensic Psychiatrists
Consultant Psychologists
Neuropsychiatrists
While these are the primary specialists engaged for this instruction type, please note that every case turns on
its own facts. Complex or multi-disciplinary cases may require a bespoke team of experts. Our case managers will
review your specific instruction to ensure the correct clinical match.