How to challenge a capacity assessment?

What do you do if you don’t agree with the outcome a capacity assessment?
If a health or social care professional have assessed you or someone you know as lacking capacity to make certain decisions, you may not agree with their view.
If you think that the conclusion should have been that the person has capacity, you can challenge that view. (or vice versa)
First, remember that capacity is issue specific and so the assessment should be about a particular decision to be made, such as residence, or care.
Secondly, ask for a copy of the assessment so you can see whether the test of capacity in the Mental Capacity Act has been applied correctly. Also check to see whether the individual has been asked questions about the relevant information for the decision in question. What it a good time of day for them, and where they in relatively good health?
Third, if the assessment has not been done correctly, ask the assessor to do it again.
Fourth, if the assessor will not do the assessment again, or if you still have concerns about the assessment, you can get your own assessment - either from another professional who is already involved (e.g. GP, psychiatrist, social worker, nurse), or by paying an independent professional to carry out the assessment.
And lastly, if agreement can still not be reached about capacity, you can make an application in the Court of Protection, asking the court to decide whether or not the person has or lacks capacity to make the decisions in question.
You should now have a better idea of what to do if you disagree with the outcome of a capacity assessment. As always, if you need legal advice please feel free to call me or one of my colleagues who can assist.

[@tell-mea-story611]

Thank you for this video.
If a doctor carries out a mental capacity test: 1 When the patient has proven to have an infection/ be dehydrated 2 Been administered medication and asked questions whilst and immediately afterwards 3 At their usual nap time 4 Not explained the importance of the questions and suprised them with the test. Are they breaking the law?