Terms & Conditions

These Terms and Conditions apply to all mental capacity assessment instructions accepted by Phillip Mitchell, Independent Mental Capacity Assessor, unless otherwise agreed in writing. By instructing me, you confirm that you have authority to do so and that you accept these Terms and Conditions.

1. Instructions and Scope of Work

I accept instructions only from individuals or organisations with clear authority to commission a mental capacity assessment (for example, solicitors, deputies, local authorities, or authorised family members).
The type and purpose of the assessment (for example, COP3, LPA, Testamentary capacity, or another specific decision) will be agreed in advance, including any deadlines.
If the scope changes (for example, extra decisions, additional visits, or substantial extra documentation), I may need to revise the fee, and I will discuss and agree this with you before doing extra work.

2. Fees and Payment

My standard fees are set out in the current fee schedule, which is provided before you confirm an instruction, and can be found here Fees
Fees are agreed before appointments are booked and are confirmed in writing (usually by email or engagement letter).
Unless we agree otherwise in writing, invoices are issued on completion of the assessment and report and are payable within 14 days of the invoice date.
Fees are usually payable by the instructing solicitor, organisation, or commissioning party named in the instruction, unless a different payer is clearly agreed in advance.

3. Preferred Payment Method – Bank Transfer

My preferred method of payment is bank transfer.
Bank account details are provided on the invoice so that payment can be made quickly and securely.
Bank transfer payments do not attract any additional processing fees.

4. Card Payments and Charges

I also accept card payments (including debit and credit card payments processed online).
Where you choose to pay by card, a card processing fee of 1.5% of the total invoice amount plus a fixed charge of 20 pence per transaction is added to cover third‑party processing costs.
You are free to choose either payment method, but bank transfer is encouraged to avoid these additional card processing charges.

5. Late or Non‑Payment

If payment is not received within 14 days of the invoice date, I reserve the right to charge interest and reasonable administration fees in line with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) and any successor legislation.
Interest may be charged at the statutory rate applicable at the time, calculated on a daily basis from the due date until full payment is received.
I may also charge reasonable administration costs for chasing overdue invoices and, if necessary, for referring the debt to a collection agency or pursuing recovery through the courts.
I may decline further instructions, or suspend ongoing work, where there are outstanding invoices that remain unpaid without prior agreement.

6. Cancellations, Rearrangement and Non‑Attendance

If you need to cancel or rearrange an appointment, please give at least 3 working days' notice wherever possible.
Where less than 3 working days' notice is given, or where the person to be assessed is not available at the agreed time without prior notice, I reserve the right to charge a reasonable fee to cover time booked and any unrecoverable travel costs.
If I need to cancel or rearrange an appointment (for example, due to illness or unforeseen circumstances), I will let you know as soon as reasonably practicable and offer a new appointment at the earliest convenient time.

7. Travel and Expenses

Travel within my usual working area (as described in the fee schedule) is included within the quoted fee; travel beyond this may be charged at a mileage rate per mile from my base, as set out in the fee schedule.
Any exceptional costs (for example, tolls, parking, long‑distance travel, or overnight stays) will be discussed and agreed in advance wherever possible and itemised on the invoice.

8. Confidentiality, Data Protection and Records

All information obtained in the course of the assessment is treated as confidential and handled in accordance with data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018.
Information is used only for the purposes of carrying out the assessment, preparing the report, and meeting legal or professional obligations, unless further consent is obtained or disclosure is required by law.
Records are stored securely for an appropriate period in line with professional and legal requirements and are then confidentially destroyed.
I am registered to hold and process data with the Information Commissioner's Office.

9. Professional Standards and Independence

I act as an independent mental capacity assessor and provide an objective, evidence‑based opinion in accordance with the Mental Capacity Act 2005 and its Code of Practice.
I act in the best interests of the person being assessed, so far as is consistent with my role, instructions, and any court requirements.
I maintain appropriate professional registration and hold professional indemnity insurance.

10. Complaints and Feedback

If you have any concerns or wish to make a complaint, please raise this in writing at the earliest opportunity so that I can respond and, where possible, resolve matters quickly.

11. Acceptance of Terms

By instructing me, you confirm that you have read, understood, and agreed to these Terms and Conditions, including responsibility for payment of the agreed fees and any expenses.
Where a referral form is used, completion and signature of the form constitute a formal instruction and acceptance of these Terms and Conditions.