Best Interests Meetings
Sometimes, those involved in making decisions on behalf of an individual (who does not have mental capacity to make decisions themselves), can’t reach agreement on the best interests of the person in question. When this happens, it’s often decided that a Best Interests meeting is needed. Essentially, the purpose of this meeting is to determine what would be in the person's "best interests".
The meeting generally involves various stakeholders, and these could include healthcare professionals, social workers, family members, legal representatives, and anyone else who is involved in the person's care. The participants will discuss and consider various factors, such as the person's past and present wishes, beliefs, and values, the opinions of the people who are close to them, and the potential benefits or risks of the proposed decision.
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What are Best Interests Meetings?
Best Interests Meetings are a vitally important aspect of care planning, and are designed to ensure that any decisions made about a person's care and treatment are truly in their best interests. These meetings are usually called when a person can’t make decisions about their care themselves. These meetings bring together professionals, family members, and sometimes advocates, to discuss and consider care options and preferences for the individual in question. The goal is to reach agreement on how to best support and protect their welfare and rights, ensuring that the care plan results in the person being cared for in the best way possible.
A Best Interests Meeting uses a collaborative approach, highlighting the need to consider the individual's desires, emotions, beliefs, and values from both the past and present. This approach is meant to guarantee both compassion and respect for the individual, and aims to gain a comprehensive understanding of what will truly benefit the person involved. For families and caregivers, grasping this process is essential, as it ensures the individual's preferences are acknowledged and respected, even in difficult situations.
How we can help you at a Best Interests Meeting
As we have already mentioned, the ultimate aim of a best interests meeting is to reach a decision that respects the person's individuality, rights, and wellbeing as much as possible, given their particular circumstances. The person who lacks capacity should be at the centre of the decision-making process as much as possible.
When facing a Best Interests Meeting, families have the option to bring a solicitor who specialises in care support, to the meeting. Hilary Cragg is a Partner and Solicitor here at Nash & Co Solicitors, and has experience of attending many such meetings for clients and their families in the past. The meetings can often be stressful, emotionally charged and demanding. Hilary can attend the meeting alongside you, ensuring that the patient's needs and requirements are clearly communicated and advocated for. She can do this in person, or via video link. Hilary has significant experience in this area, and is skilled at navigating the complexities of these meetings. She effectively communicates the patient's preferences, she can challenge any care changes that may not align with the patient's best interests, and she can make sure that all decisions comply with legal standards.
If you are navigating changes in care arrangements for a family member, and you need expert advice and representation, then please reach out to Hilary and she can discuss your options and next steps. You can call her on 01752 827047 or email her at hcragg@nash.co.uk
Can decisions be appealed?
It's crucial that the views of every party with a stake in the decisions are taken into consideration during the meeting, and that agreement from everyone involved is achieved. But occasionally, this doesn’t happen.
If family members find themselves at odds with the outcome of a Best Interests Meeting, then engaging a Solicitor who specialises in advocating for patients can be a crucial step. Here, Hilary would be able to provide invaluable assistance by reviewing the decision-making process has observed legal standards and the individual's rights.
If there's still no unanimous agreement among professionals or family members, the dispute resolution then escalates. The responsible authority - either the local authority or the Integrated Care Board (ICB) - would submit an application to the Court of Protection. This step is taken so that the dispute can be resolved by a judge, who will make a final determination on the matter, ensuring the best interests of the individual are upheld. Hilary will aim to navigate the dispute without the need to go to court, but will be happy to advise on doing so if the dispute cannot be resolved any other way.
call Speak to a friendly Court of Protection Solicitor on 01752 827047
Why Nash & Co Solicitors?
At Nash & Co Solicitors, we're committed to helping you and your loved ones manage the challenges that need to be faced with their long term care. Best Interests meetings can often be highly charged, emotional and stressful for family members to attend. If can often be best to have a legal professional attend for you to advocate for your loved one, and put forward their best interests. With significant experience in doing this, Hilary is well placed to do this for you.
Contact her today to schedule a consultation and learn more about how we can help you navigate the process. We’re always here to help you.
You can call Hilary on 01752 827047 or email her at hcragg@nash.co.uk.
Frequently asked questions
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Best Interests Meetings are typically held when there is a decision to be made regarding the care, treatment, or welfare of an individual who lacks capacity. These meetings may be scheduled when there is a significant change in the person's circumstances or when a complex decision needs to be made.
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The decisions made during Best Interests Meetings can cover a wide range of areas, including medical treatment, residence, care arrangements, financial matters, and other aspects of the individual's welfare. The aim is to determine what course of action is in the person's best interests, considering their values, wishes, beliefs, and any available information about their preferences.
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Best Interests Meetings are typically conducted in a collaborative and person-centered manner. The meeting facilitator ensures that all relevant information is presented, and participants have an opportunity to express their views and concerns. Discussions focus on weighing the available options and determining the option that best promotes the individual's well-being.
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The Mental Capacity Act 2005 provides a checklist of factors that should be considered when determining an individual's best interests. These include the person's wishes and feelings, beliefs and values, the potential benefits and risks of different options, the views of family members and other relevant parties, and the person's past and present wishes.
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Yes, family members and friends are encouraged to participate in Best Interests Meetings. Their input is valuable as they often have a good understanding of the person's values, preferences, and history. Their views are taken into account when making decisions, but the ultimate focus remains on the best interests of the individual.
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Decisions made during Best Interests Meetings can be challenged if there are concerns about the decision-making process or if there is evidence that the decision does not truly reflect the person's best interests. There are established procedures for lodging complaints and seeking a review or reconsideration of decisions.
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Where there is an attorney or deputy, who has authority in the relevant area to the issue that the Best Interests Meeting is dealing with, they are the decision maker, otherwise the decision is made by the chair of the meeting in consensus with the participants of the meeting.
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