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A Conversation about Mental Capacity with Beena and Maxine

Have you ever wondered how capacity is assessed across different age groups?

Last month, we brought together two of our Consultants, Beena and Maxine, to unpack how the law works, what good practice should look like, and why understanding capacity is everyone’s business.

Both Beena and Maxine are registered social workers with decades of frontline experience, Beena in children’s services and Maxine in adults’ social care. Between them, they’ve spent years developing policies, writing reports, and shaping guidance. But now, they’ve set themselves a different challenge: writing a blog.

“This is harder than a policy!” they laughed.
 “But mental capacity is too important to not write about, so here we go…”

Despite working in different sectors, they discover that their principles, challenges, and approaches aren’t so different after all.

Beena’s Perspective: Capacity in Children

Beena specialises in children’s legislation and practice guidance, drawing on years of experience as a social work practitioner and safeguarding lead.

“When we’re assessing children under 16, we use Gillick competence and the Fraser guidelines. There’s no single test; it’s all about the child’s ability to understand the specific decision in front of them.”

Some of the key areas Beena looks at include:

  • Age and maturity
  • How complex the decision is
  • Barriers to understanding (e.g. disability, trauma, language)
  • Whether additional support could help them engage, and
  • When capacity isn’t there, someone with parental responsibility must give their consent.

Maxine’s Take: Capacity from 16 Onwards:

Maxine, a long-time expert in adult safeguarding and legal literacy, has worked across mental health, hospital discharge, and complex care settings. Now she works on procedures for tri.x.

“From age 16, we shift to the Mental Capacity Act 2005, and it’s not about making ‘good’ decisions, but about whether the person can understand, retain, use, and weigh the information.”

Maxine applies the five core principles of the Mental Capacity Act:

  1. Always presume capacity
  2. Offer support to decide
  3. Don’t judge based on outcome
  4. Keep it decision-specific
  5. Act in the best interest if capacity is lacking

Like Beena, she focuses on barriers: communication, timing, environment, or temporary health factors.

“Capacity assessments should never be tick-box exercises; they’re relational, nuanced, and deeply human.”

What They Agreed On:

Together, Beena and Maxine mapped out the shared values that cut across all ages:

Capacity Do’s and Don’ts

Beena and Maxine may come from different worlds, children’s services and adult social care, but their reflections reveal a powerful truth: mental capacity isn’t a siloed issue. It’s a thread that runs through every decision, every age group, and every service.

Whether you’re working with a child or young person navigating consent or an adult facing a complex life choice, the principles remain the same: assess each decision individually, offer the right support, and never lose sight of the person at the heart of it.

At tri.x, we believe that understanding capacity isn’t just a legal requirement; it’s a human one, and whether you’re writing policy or working on the frontline, it’s everyone’s business.

So next time you’re faced with a capacity question, pause and ask:

“Have I empowered this person to decide, or have I simply decided for them?”

That’s where good practice begins.

This blog was brought to you by the Lead Consultants of tri.x.

The new format is much easier to navigate and engage with, and it has really motivated me to ensure it is as accurate as possible. I really enjoy using it, and I know that my SCP Business Manager feels the same way.

Madeline Jones, Learning & Development Officer St. Helens Borough Council

The Adult Care Providers Handbook is an incredibly valuable resource that can be accessed by managers or care workers to provide instant or deep information on any subject in health and social care. It has been incredible to be working with tri.x and with people who are as passionate as us. To meet a team and organisation who are likeminded, at the same level as us in terms of quality, and who also want projects to thrive has been so inspiring.

Colin Hanley, Training Co-Ordinator Age UK Hereford & Worcestershire

We had excellent feedback from Ofsted, who said our documents and policy section was outstanding and thank you to the tri.x team for all your work on this.

Derby City Supported Accommodation

tri.x’s approach as a company is to be responsive to the customers who use the manuals and ensure it ultimately meets their needs. Foster carers have found the manual to be hugely beneficial and find it to be a useful resource tool to support vulnerable children in their care.

Derby City, Local Authority Children’s Services

It has been an absolute pleasure working in partnership with tri.x to develop our Gateshead Safeguarding Adults Board Multi-Agency Policy and Procedures. The tri.x team demonstrated a wealth of knowledge and experience in Adult Safeguarding and was able to provide us with an impressive foundation that was statutorily compliant and highlighted national guidance and best practices. We were then able to shape our policy and procedures to ensure they truly represented our local values, structures, and operational practices.

Carole Paz-Uceira, Safeguarding Adults Business Manager Gateshead Council

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