Mental Capacity, Specialist Expertise and Care Act Assessments
16th September 2026
Three barristers of 39 Essex Chambers appeared in the Court of Appeal in this case concerning a Care Act assessment carried out by a local authority, in respect of a young man with autism, ADHD and an intellectual disability.
The Court of Appeal held that the local authority should have carried out an assessment of T’s capacity to make decisions relevant to his care and support, such as capacity to make decisions about the use of the internet and social media, before completing their Care Act assessment.
The Court of Appeal further held that, on the facts of T’s case, it had been irrational for the local authority not to seek the involvement of specialist expertise from a psychologist or psychiatrist when carrying out the Care Act assessment, under Regulation 5 of the Care and Support (Assessment) Regulations 2014.
Victoria Butler-Cole KC appeared for the Appellant with Grainne Mellon and Isaac Ricca-Richardson of Garden Court Chambers; Alexander Ruck Keene KC (Hons) and Annabel Lee were instructed by Mind, and acted pro bono.
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