4
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Best interests |
Recording the decision
To undertake a bests interest decision, it is important to identify what the decision is including what options are available. It is useful to approach the decision by looking at the positives and the negatives to the person of each option. An easy way of doing this is by drawing up a table. Always consider a narrative conclusion regarding the option you have chosen including why you have chosen that option, even if it looks very clear on the table. This can be useful in the event of a dispute as can outlining why there was no less restrictive option.
It’s extremely important to recognise that a list of apparent risks may be outweighed by one single benefit. This is known as the factor of “magnetic importance”.
Always consider a narrative conclusion regarding the option you have chosen including why you have chosen that option, even if it looks very clear on the table. This can be useful in the event of a dispute as can outlining why there was no less restrictive option (MCA 2005 s1 (6).
To undertake a bests interest decision, it is important to identify what the decision is including what options are available. It is useful to approach the decision by looking at the positives and the negatives to the person of each option. An easy way of doing this is by drawing up a table. Always consider a narrative conclusion regarding the option you have chosen including why you have chosen that option, even if it looks very clear on the table. This can be useful in the event of a dispute as can outlining why there was no less restrictive option.
Chapter 5 of the Code of practice sets out further detail in relation to best interests.
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0 Introduction
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1 Reflecting on values and bias within mental capacity decision-making
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2 The history and current context of mental capacity legislation and policy
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3 The concept of mental capacity
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4 Best interests
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5 Supported decision making
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6 Deprivation of liberty: human rights
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7 MCA in clinical decisions for care and treatment
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8 MCA and the Office of the Public Guardian (OPG) role
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9 Conclusion