Can you accept s.49 instructions from the court?

Yes, where consultants on our panel are within their NHS s.49 reporting duty, we will support a s.49 instruction. Otherwise, a privately instructed report can usually be arranged on the same timescale.

How quickly can a report be delivered?

Standard turnaround is 1–2 weeks from receipt of the bundle and access to the assessee. Urgent reports can be delivered in 2–5 working days where a Crown Court trial date, tribunal listing or interim hearing requires it. We will tell you on day one whether the deadline is realistic.

How are fees calculated?

We agree a fixed fee for the report and any addendum, joint statement work and CMC/court attendance up front. Fees reflect the complexity, the volume of records and the urgency. We will provide a written quote that supports a Legal Aid prior authority application where required.

Can the expert be instructed as a Single Joint Expert?

Yes. The majority of our consultants accept SJE instructions and are experienced in dealing with joint letters of instruction, Part 35 questions from both sides, and joint reports with experts of like discipline.

Is in-person assessment essential?

Most assessments can be conducted by secure video, which keeps costs and timescales down and avoids travel. In-person assessment is arranged where the case calls for it, for example where capacity, malingering, or a child or learning-disabled assessee is involved, and across all the UK regions we cover.

What happens if the report is challenged at court?

The instructed expert remains responsible for the case end-to-end, including responding to Part 35 questions, attending the joint experts' discussion, signing the joint statement, and giving live evidence. There is no handover to a different expert at trial.

Case type

Court of Protection

Court of Protection proceedings turn on whether P has capacity to make a particular decision (residence, care, contact, finances, medical treatment, sexual relations) and, where not, what is in P's best interests. Specialist psychiatric input is frequently required, particularly for adults with dementia, brain injury or learning disability.

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Use this category when…

You need to map a court order or letter from counsel to the right report
You're confirming whether a psychiatric expert (rather than a psychologist) is the right discipline
You want a fixed quote and a realistic deadline before instructing

What to send with your enquiry

A short summary plus the items below is enough for us to match an expert and confirm the deadline — you don't need the full bundle to get a quote.

Short case summary and the questions you want answered
Hearing or listing date and jurisdiction
GP and psychiatric records (full set where available)
Witness statements, schedules of loss or threshold documents
Any prior expert reports
Court order granting permission to instruct (family / Court of Protection)

Overview

Court of Protection proceedings turn on whether P has capacity to make a particular decision and, where not, what is in P's best interests. Psychiatric input is needed wherever capacity is in dispute or where mental disorder is the underlying reason for incapacity.

We instruct old age psychiatrists, neuropsychiatrists and learning disability consultants with substantive Court of Protection experience and familiarity with the s.49 and party-instructed report formats.

Legal framework

Reports apply the Mental Capacity Act 2005 (functional and diagnostic tests), the MCA Code of Practice, and the Court of Protection Rules 2017.

Psychiatric issues addressed

Capacity to make decisions about residence, care, contact and finances
Capacity to consent to medical treatment
Capacity to engage in sexual relations and to marry
Fluctuating capacity and decision-specific assessment

Questions you can put to the expert

Drop any of these straight into your letter of instruction.

Does P have capacity to make the relevant decision(s)?
What support could enable P to make the decision?
If capacity is lacking, what would be in P's best interests?

Court of Protection: areas we cover

Contact decisions

Reports address P's capacity to decide who to have contact with, including in safeguarding contexts where contact with a particular person is in issue.

Medical treatment and serious medical treatment

Reports address capacity to consent to or refuse specific medical treatment, including the serious medical treatment regime under the MCA Code of Practice.

Property and finances

Reports address capacity to manage property and affairs, including where deputyship is sought and where there is a dispute over a Lasting Power of Attorney.

Residence and care

Reports apply the MCA functional test to specific decisions about where P lives and the care P receives, with attention to the support that could enable P to make the decision themselves.

Sexual relations and marriage

Reports address the specific tests for capacity to consent to sexual relations and to marry, applying the case law that governs these decisions separately from other personal welfare matters.

What's in the report

Part 35 / FPR Part 25 / CrimPR statement of compliance, as applicable
Expert's CV and statement of independence
Detailed list of materials considered (records, statements, scans, prior reports)
Full history, mental state examination and collateral information
Diagnostic formulation referenced to ICD-11 / DSM-5-TR
Reasoned opinion on causation, apportionment, prognosis and treatment
Indicative treatment costings where requested
Statement of truth signed in the prescribed form

How we help

Same-day shortlist of suitable consultants once we receive a brief instruction
Choice of male or female assessor, and of sub-specialty, on every instruction
Fixed fees agreed up front; Legal Aid prior authority figures supported
Standard turnaround 1–2 weeks; urgent reports inside 5 working days where the diary allows
Joint reports, addendum reports, Part 35 questions and CMC attendance handled by the same expert
Remote (secure video) or in-person assessment across the UK

Frequently asked questions

Recommended services

Adult psychiatry Learning disabilities Neuropsychiatry

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Tell us about your case and we'll match you to the right consultant, usually within 24 hours.

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