Best interests
We act for people who are unable to make decisions about their own affairs because of mental disability, or because of their young age. Legally they are referred to as protected persons. A 'best interests' decision is taken by the court on behalf of such individuals. Examples of such decisions we have been involved with include questions about residency, contact with other individuals, and health treatment - where to live, who to see and what medical treatment to have.
We often receive instructions from the Official Solicitor who is appointed to represents those individuals without legal capacity. Sometimes, we also act on behalf of other family members who wish to be included in the decision making process that affects members of their family.
News
Joint investigation by Mencap and the Guardian follows up on report Death by Indifference
People with a disability may continue to "die needlessly while in NHS care"
Mencap challenge on provision of care to people with learning disabiltiies
Kyle Flack died after trapping his head in bed railings
The CQC has published a report on the experiences mental health patients encounter in the UK
Kyle Flack, a young man with severe learning disabilities, died unexpectedly whilst in Basildon hospital
For the first time it has been decided that local authorities can owe a duty of care to vulnerable adults as well as to children. Frances Swaine, partner and head of the human rights department at Leigh Day & Co, explains.