During the COVID-19 pandemic, a large number of mental capacity assessments were completed remotely, through video platforms such as Microsoft Teams or Zoom. This was to enable staff to conduct ‘safe’ assessments without the risk of infection or transmitting the virus.
Now the pandemic is over, face-to-face assessments have returned to being the norm. However, we do on occasion receive requests for online assessments rather than face-to-face, due to factors such as time, distance or availability.
While we appreciate the desire to complete assessments as soon as possible – remote (online) assessments should only be completed in absolutely exceptional circumstances where all other options have been exhausted.
This is to ensure an accurate outcome that protects the individual and uphold the principles of the Mental Capacity Act. These principles include supporting capacity and respecting, what some may call, an unwise decisions, further reducing the risk of undue influence.
We have outlined some of the benefits and drawbacks of online vs face-to-face mental capacity assessments below.
Face-to-face mental capacity assessments
Benefits
- Supports a therapeutic working relationship, generally reducing anxieties by having a ‘person’ to speak with and engage.
- Allows a dynamic interaction that allows assessment of body language and adjustment of location to the client’s needs.
- Enables a wider range of resources and adjustments to be provided to support understanding and retention of information.
- Reduces risk of other persons being present, affecting the assessment.
- Options present for reducing risks to vulnerable persons of protective equipment or using similar approaches taken during Covid, such as being outside, a screen between etc.
Risks
- Some individuals can find new people, professionals or the process of assessment significantly impactful.
- Time of travel may limit professionals’ availability, which may delay the assessment.
- Client might not engage, requiring return at another time and date, incurring further costs.
Remote (online) mental capacity assessments
Benefits
- Can aid engagement of some individuals, helping them feel more secure.
- For vulnerable persons who might be at high risk of infection or have significant phobias affecting engagements, this alternative format may aid participation.
- Reduces costs of travel and increases the availability of professional.
Risks
- Reduced opportunities for grading and adaption to support understanding and retention within the assessment.
- Technical factors such as quality of equipment and connection speed may impair the ability of the individual to hear and view the assessor clearly.
- Assessor has reduced sight of the person being assessed and is less able to take account of things such as body language. They are also unable to see if other persons are present in the room.
Court recommendations and best practice
This question of assessment format has been discussed in many forums, most recently being raised again within the Court of Protection Court User Group Meeting (P & A) (July 2025), for which the conclusion was as follows:
If a virtual assessment is undertaken, an explanation must be provided as to why and as to what support measures were provided to P. An explanation based simply on ‘stretched resources’ is unlikely to be persuasive.
It is further observed that this is specifically highlighted within the COP3 form, where there is a section present to confirm if the assessment was completed face-to-face or remote, that if it were done remotely a clear justification is required.
Support with assessments
If you would like a referral for training, consultancy or assessment regarding Mental Capacity Assessments, please contact us for a quote and case discussion.