A Brief Guide to Carrying Out Best Interest Assessments

a post by 39 Essex Chambers [via Inner Temple Library]

A: Introduction

1. The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of best interests. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our brief guide to carrying out capacity assessments.
2. This document cannot take the place of legal advice. In any case of doubt as to the principles or procedures to apply, it is always necessary to consult your legal department. Nor does it take the place of the MCA Code of Practice, to which professionals must have regard; it does, however, summarise case-law that has been determined since that Code of Practice was written which has made clear how the MCA 2005 is to be applied.

Continue reading best not to try reading it on a phone as it is a 12-page PDF.

Remember that this is neither legal advice (although based firmly on the law) nor is its intended audience those of us who may have our capacity assessed. It is always useful to know how the law is supposed to work.

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