Tackling terminolgy

Tackling terminology in LPAs: Best interests and least restrictive option.

Best interests: Any decisions made, or actions taken, on behalf of someone who has lost mental capacity must be in their best interests. There is no specific answer as to what is in a person’s best interest, as every decision is unique to the person and circumstances involved.

However there are standard steps to follow when deciding on someone’s best interests. These are set out in Chapter 5 of the Mental Capacity Act (MCA) Code of Practice.

Least restrictive option: Before a decision is made on behalf of a person who has lost mental capacity, it should always be questioned if something else that would interfere less with their basic rights and freedoms can be done instead.

A decision that interferes with a person’s basic rights and freedoms the least is known as the least restrictive option.

🗨️ 'Best interests' and 'least restrictive option' are just two of the phrases we use regularly.

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