Brain Injury and Mental Capacity

About the Trainer

Dr Ben Marram is a Consultant Clinical Neuropsychologist and Chartered Occupational Psychologist with over 10 years’ experience in neurological rehabilitation. He works in independent practice providing specialist community-based neuropsychological rehabilitation, with a strong focus on person-centred care grounded in authenticity, psychological safety, compassion, and evidence-based approaches, including Acceptance and Commitment Therapy (ACT).

Training Description

Assessing mental capacity is a legal and professional responsibility, yet it can be particularly complex in the context of brain injury. Cognitive impairments affecting insight, executive functioning, emotional regulation, and self-awareness are often subtle and may not be immediately apparent. The frontal lobe paradox can further obscure difficulties, with individuals appearing articulate and capable despite significant impairments in decision-making.

This training explores the relevant capacity legislation, including the Mental Capacity Act, and examines how it should be applied when assessing brain injury survivors. Through practical discussion and case examples, participants will develop a clearer understanding of how to conduct robust, ethical, and person-centred capacity assessments in complex ABI presentations.

Learning outcomes

By the end of the session, participants will be able to:

• Understand the legal framework underpinning capacity assessments

• Recognise how brain injury can affect decision-making and insight

• Explain the frontal lobe paradox and its implications for assessment

• Identify hidden or fluctuating cognitive difficulties in ABI

• Apply capacity legislation more confidently in brain injury cases

• Reflect on best practice and common pitfalls in capacity assessment

• Understand the causative nexus in relation to capacity and decision-making

• Understand the material time for assessing capacity