My understanding of mental capacity (and this may not be correct as it’s purely from my own experience) is that they cannot decide you don’t have capacity without assessing you, and without informing you of the outcome (or if you wouldn’t have the capacity to understand then your guardian or carer), do if this hasn’t been done they have to treat to as having capacity and if they aren’t I think they are probably acting illegally. In addition, at least for medical care, mental capacity should be assessed in terms of a specific treatment and whether you are able to understand and consent, rather than a blanket rule, but I’m not sure how this would apply in terms on social care.
I would agree with Chloe if you feel that you are being treated without capacity then be upfront and ask them as if they believe you not to have it they have to formally assess you. Clearly you do have capacity and so you should pass a capacity assessment but there is always a small risk you get someone who is discriminatory and makes a judgement without doing it properly. There is quite a strict process to capacity assessment though as it legal consequences so it less likely than with other assessments such as DWP etc to go against you (and should be done independently not by the council themselves who are treating you badly)
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