A person’s potential to use FES, from the point of view of their mental capacity should be a distinct consideration when setting up FES. In Sheffield, we have had several occasions where the issue of mental capacity has not been clear-cut. Our experience has generally been positive in finding solutions to potential problems and successfully setting up FES to assist walking in this context. This presentation will briefly review the principal features of the mental capacity legislation and use clinical case studies, supported with video, to illustrate the practical application of these principles in the successful use of FES to address walking and improve function.