The principal issue arising on the appeal in R ( TDB ) v HARINGEY LBC ( “)”^ ) EWCA Civ 1184 is whether the local authority is required to carry out an assessment of the appellant’s capacity under the Mental Capacity Act 2005 BEFORE completing its Care Act assessment. The answer ( para 91 and following ) is “ Yes “, “ whenever there is reason to doubt the capacity of a person “ whose needs for care and support are being assessed. The capacity assessment is to be carried out by an appropriately qualified professional.