What is TCAF?
Therapeutic Capacity Assessment Framework
A more supportive and person-centred way to carry out mental capacity assessments, while staying faithful to the law.
The Therapeutic Capacity Assessment Framework (TCAF™) is a practice framework for mental capacity assessments under the Mental Capacity Act 2005 in England and Wales.
It sets out how an assessment can be carried out in a way that is supportive, respectful and clearly evidenced, while remaining true to the legal test.
TCAF does not change the law and it does not decide the outcome of any assessment. It focuses on something different but important: the quality of the process by which an assessment is carried out, and the way a person is treated within it.
The Therapeutic Capacity Assessment Framework (TCAF™) is a practice framework for mental capacity assessments under the Mental Capacity Act 2005 in England and Wales.
It sets out how an assessment can be carried out in a way that is supportive, respectful and clearly evidenced, while remaining true to the legal test.
TCAF does not change the law and it does not decide the outcome of any assessment. It focuses on something different but important: the quality of the process by which an assessment is carried out, and the way a person is treated within it.
What is a mental capacity assessment?
A mental capacity assessment looks at whether a person is able to make a particular decision at a particular time. The law starts by presuming that every adult can make their own decisions, and it expects that the person is given real support to do so before any conclusion is reached.
Capacity is always specific. It is about a particular decision, at a particular moment, not a general judgement about a person or their lifestyle. A person can have capacity to make some decisions and not others, and that can change over time.
Many people are assessed at difficult or frightening points in their lives. How the conversation is handled can affect whether the person is able to show what they are genuinely able to understand and decide. TCAF exists because this part of the process matters.
The idea behind TCAF
An assessment of mental capacity is both a legal task and a human encounter. When the human side of that encounter is rushed, impersonal or intimidating, the resulting evidence can be poorer and the person can feel unheard.
TCAF is built on a simple principle: a fairer, more supported and more carefully recorded process produces clearer and more trustworthy evidence. It encourages assessors to begin with the person and the decision in front of them, to offer practicable support first, and to record their reasoning openly so it can be understood and, where needed, scrutinised.
What TCAF is
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Grounded in the law. TCAF follows the Mental Capacity Act 2005 and is designed to apply it faithfully, not to add to it or dilute it.
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Functional first. It encourages assessors to focus on whether the person can make this specific decision, with support, before considering any diagnosis or condition.
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Supportive and person-centred. It is designed to preserve dignity, reduce avoidable distress and help the person take part as fully as possible.
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Reflective. It prompts assessors to check their own assumptions and to seek further input where there is doubt.
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Clearly evidenced. It encourages reasoning that is transparent, well recorded and capable of being understood by others.
What "therapeutic" means here
In TCAF, the word therapeutic describes how the assessment is conducted, not a form of treatment.
It means an assessment that is supportive, humane, respectful and focused on helping the person take part. It does not mean therapy, counselling or any kind of clinical treatment, and it never means steering a person towards a particular answer. The assessment stays neutral about the outcome.
What TCAF is not
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It is not a new legal test for capacity.
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It is not therapy, counselling or treatment.
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It does not decide what is in a person's best interests.
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It does not predetermine or guarantee any outcome.
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It does not replace the Mental Capacity Act 2005, the Code of Practice, professional judgement or legal and clinical advice.
TCAF is designed to sit alongside these things and to support good practice within them.
Who TCAF is for
TCAF is intended for the professionals who carry out mental capacity assessments and for the organisations and individuals who rely on them.
It is also written with families, carers and the people who may be assessed in mind. It reflects a belief that everyone has the right to be treated with dignity and to be properly supported when a decision about their capacity is being made.
How we describe TCAF
TCAF is a developing framework. It is grounded in the law, in professional standards and in well-established theory and practice, and it is designed to support fair, supported and well-evidenced assessment.
We describe it carefully and honestly. TCAF does not replace the law or professional judgement, and it makes no promise about the result of any individual assessment.
About the framework
TCAF™ was developed by Ben Slater, drawing on extensive frontline mental capacity assessment practice in England and Wales. The framework is owned by its author, and TCAF is a trademark.