The ability to understand and make a decision when it needs to be made is referred to as ‘mental capacity’. Mental incapacity can arise from acquired brain injury, stroke, dementia, learning disability or mental illness. Lack of capacity can be temporary or permanent and is issue specific. Unfortunately, mental capacity issues often arise during disputes with Health Services or Social Care often when the salient issues are both complex and potentially life-changing; for example, changes in place of residence or in Care Proceedings. Establishing an individual’s capacity at the earliest opportunity is a vital step which can avoid complex legal disputes. Westbury Health’s experts have specific Mental Capacity Act training and considerable expertise.
Following the five major principles laid down in the Act Westbury Health clinicians provide a comprehensive report to solicitors determining whether an individual has or lacks capacity. Such reports will also detail steps that can be taken to promote capacity, whether capacity is likely to fluctuate and a Certificate of Capacity is issued.
Personal Injury
A personal injury will often result in both psychological and physical trauma.
The effects and aftermath of an accident can cause or indeed exacerbate a range of psychiatric conditions causing long term psychological harm. These may include Post Traumatic Stress, Anxiety or Depression or in cases of brain trauma, permanent neuropsychological and cognitive impairment. Dr David Allen has acted as an independent, expert witness in court proceedings over a number of years and has provided reports in many high-value claims.
Solicitors can refer clients with confidence to Westbury Health and appointments for assessment can be made both as home visits or in consulting rooms to suit all cases.
Family Law & Care Proceedings
Our qualified clinical psychologists and psychiatrists have many years of experience working with legal professionals and local authorities to provide expert witness services in child and family proceedings.
We have extensive experience in child and family law and are able to provide reports across a range of areas including:
Parenting capacity
Adult mental health and personality disorder *
Learning Disability
Child development assessments
Contact disputes
Domestic violence
Drugs and alcohol misuse
Neuropsychological assessments
Neurodevelopmental disorder
Attachment Difficulties
Child and adolescent mental illness
