Extracting a Person’s Voice in Best Interests Decisions

When a person is unable to make a major decision for themselves – whether about their care, living arrangements, or medical treatment – a Best Interests decision is made on their behalf. The Mental Capacity Act 2005 sets out clear guidance on how these decisions should be approached, ensuring the individual’s rights, wishes, and feelings are at the core.

However, in practice, a person’s voice can get lost in a process that often prioritises professional opinions, safeguarding, and risk management. While these factors are critical, they don’t always paint a full picture of the person’s values, experiences, and preferences.

As an Independent Social Worker, my role is to make sure the decision-making process is truly person-centred, considering all aspects of the individual’s life – not just what’s written in reports. Here’s how I make sure people are heard, understood, and at the heart of every Best Interests decision:

1. Meeting the Individual Where They Are

A person’s ability to engage in the decision-making process is directly influenced by where and how they are assessed. Instead of a formal office setting or a rushed meeting in a care facility, I take the time to meet individuals in environments where they feel most comfortable – whether that’s at home, in their supported living setting, or within the community.

This approach removes unnecessary pressure, allowing them to express themselves more naturally. A relaxed environment can make all the difference when trying to uncover someone’s genuine thoughts, concerns, and hopes for their future.

2. Finding Their Preferred Communication Style

Not everyone communicates in a way that is immediately understood by professionals. Some people can articulate through words, while others rely on behaviour, non-verbal cues, or familiar routines to communicate their needs.

Rather than relying solely on standard interview-style questioning, I take a flexible and creative approach to understanding individuals. This includes:

→      Observing their behaviour and responses in different situations

→      Using objects, pictures, or activities to connect with them their way

→      Allowing extra time for them to process and respond to questions

→      Working closely with those who know them best – family members, carers, and key professionals – to gather deeper insights

This strengths-based approach ensures that even if a person lacks capacity to make a particular decision, the aspects of their life that they do understand are recognised and respected.

3. Understanding Their Past to Inform Their Future

A Best Interests decision shouldn’t be made in isolation. A person’s past choices, relationships, and experiences offer valuable insight into what they might want now.

I take the time to gather information from:

→      Family members and close friends who can share insights into lifelong preferences and values

→      Previous care records to understand how they have engaged with services in the past

→      Cultural, religious, or personal beliefs that might influence what a meaningful life looks like for them

This ensures that the decision made on their behalf isn’t just about what professionals assume is best, but what feels right for them based on who they are.

4. Balancing Professional Insight with Lived Experience

Solicitors and local authorities rely on strong, well-reasoned reports to support Best Interests decisions, but often, professional assessments and risk management strategies don’t tell the full story of an individual’s lived experience.

My role as an Independent Social Worker is to bridge the gap between legal frameworks and real-life impact. While I ensure that safeguarding and compliance remain a priority, I also consider:

→      How the decision will affect the person’s relationships, autonomy, and happiness

→      Whether there are less restrictive options that could still meet their needs

→      What adjustments could be made to better support their independence

By balancing risk with quality of life, I advocate for practical, sustainable solutions that genuinely support the person’s wellbeing, leading to better outcomes for all involved.

5. Creating a Plan That Reflects Who They Are

A Best Interests decision is more than avoiding harm – it’s about ensuring the person can lead a fulfilling life. My recommendations not only outline what should happen, but also what will help the person thrive.

For example, rather than simply deciding where someone should live, I consider:

→      How their interests and hobbies can be maintained in that setting

→      What community support and social opportunities are available

→      How their daily routine can remain as familiar as possible to reduce distress

→      Ways to encourage independence in areas where they are still able to make choices

This human-centred approach is the difference between a decision that simply meets requirements and one that genuinely enhances a person’s quality of life.

An Independent Perspective That Puts the Person First

As an Independent Social Worker, I bring an unbiased view, free from the constraints of service-led priorities or internal pressures. My sole focus is on achieving the best possible outcome for the individual, ensuring their voice isn’t just heard – but considered.

If you’re a solicitor, legal team, or local authority in need of an expert, independent assessment for a Best Interests decision, I’m here to help.

📩 Get in touch to discuss how I can support your case.