About Me

Phillip Mitchell ISW is an experienced and highly skilled Independent Mental Capacity Assessor with a deep commitment to supporting individuals, families and professionals navigate the complexities of mental capacity decision making. My career has been built on a foundation of compassion, integrity, and a strong understanding of legal and practical frameworks, ensuring my clients receive the highest level of service.

Based in Wales, providing expert, reliable, and timely independent mental capacity assessments and consultancy to solicitors, legal professionals, and private individuals navigating the complexities of mental health law, mental capacity, safeguarding, and adult social care. Drawing on extensive frontline and specialist experience, the service focuses on clear, robust, and compliant assessments to support informed decision-making, legal processes, and the best possible outcomes for adults at risk.

I have conducted numerous capacity assessments for a variety of legal and personal matters, including Testamentary Capacity, Deputyship applications and COP3 forms, Lasting Power of Attorney (LPA), Capacity to Litigate and many other decisions related to health and welfare. 

As a former General Visitor for the Office of the Public Guardian, I have developed a keen understanding of the needs of both Lay and Professional Deputies, helping them maintain compliance while prioritising the well-being of those they serve.

Whether working with legal professionals, families, or vulnerable individuals, I approach every case with professionalism, empathy, and a commitment to achieving the best outcomes.

  • Independent Member of the British Association of Social Work
  • DBS Check - Enhanced with Barred Lists Certificate
  • Member of the Association of Independent Visitors AIVuk, a nationwide group of experts, including current and former Court of Protection Visitors, who have formed an alliance in upholding the principles of the Mental Capacity Act and safeguarding best interests.
  • Professional Indemnity Insurance

Proven Expertise

Trusted and Experienced

I have in-depth knowledge and years of experience working with the Mental Capacity Act (MCA), Deprivation of Liberty Safeguards (DoLS), and the Mental Health Act (MHA).  My academic credentials include an LLM with Distinction from Cardiff University, specialising in Mental Health and Social Care Law.

Previously serving as a Lay Assessor for the Office of the Public Guardian, I have detailed insight into supporting both Lay and Professional Deputies, ensuring compliance with legal standards and safeguarding clients. I have acted as an Expert Witness for contentious matters in the Court of Protection and am a confident and experienced trainer to government organisations.

Client Reviews

Graeme John Solicitors

We confirm that we have used Phil's services on many occasions and that both we – as a busy Firm of Solicitors – and our Clients have been entirely satisfied with the excellent standard of work he provides.

His diligence is exemplary, and he demonstrates compassion, empathy and a full understanding in dealing with what is often a difficult and delicate situation.

We would have therefore no hesitation in recommending his services to any other individuals or organisations accordingly. 

Family Member

I would like to thank you for the kind and respectful manner in which you conducted your interviews with each of my parents. My mother was unaware, (due to her lack of capacity), as to the purpose of the interview but was clearly comfortable in your presence. My father had been anxious beforehand but stated afterwards that he had enjoyed talking to you and that you would be welcome to return if you needed (this is high praise indeed from Dad!)