Best interests guidance

Guidance on the Court of Protection and acting in a patient’s or child’s best interests

Often, for adult patients who lack capacity to make decisions about their care or in relation to children whose family disagrees with your treatment decision, difficult decisions need to be made. You might need to involve lawyers. You might need to get the help of the courts.

We are here to help you through the process, which may seem daunting and can be intensive and often emotional.

These videos and documents are designed to help you understand the procedures, who might be involved and what you can do to make sure the process runs as smoothly as possible. Stuart Knowles interviews a range of experts who offer practical advice and insight into best interests decisions. In the end, it is all about finding the right solution to the problem of what is in the patient’s best interests.


The court process in best interests cases

Solicitor, Helen Burnell, talks about the court process and why it is sometimes necessary to go to court. 

Click the link or the image below to view the video on the court process.

 

The role of the Official Solicitor

The Official Solicitor, Alistair Pitblado, in conversation about his role. What is the Official Solicitor and why does he get involved? 

Click the link or the image below to view the video on the Official Solicitor's role.

What is in the patient's best interests?

Richard Stein often acts for families. He explains his role and how he can help everyone find the solution to what is in a patient’s best interests.

Click the link or the image below to view the video on finding what is in the patient's best interests.

 

How Cafcass can help if a child is involved

Sarah Vivian works for Cafcass. She explains what this organisation is and how they can help if a child is involved.  

Click the link or the image below to view the video on how Cafcass can help.

How barristers can help with best interests decisions

Barrister, David Lock QC, explains why barristers get involved and how they can help.

Click the link or the image below to view how barristers can help.


 

Preparing for a best interests case going to court

Consultant psychiatrist, Dr Andrew Ashley-Smith, sets out his view of the essential points in preparing for a case that has to go to court. 

Click the link or the image below to view the video on preparing for a case going to court.