Best interest
How to read the stories

Best interest

Even where information is presented as simply and clearly as possible, some people will not be capable of taking some decisions. In English law no one, not even parents or medical staff, can give consent on behalf of adults who are not capable of giving consent for themselves. In these circumstances it is still possible for the health professional lawfully to provide treatment and care, provided that this is in the patient’s ‘best interest’. To assume that particular treatments are inappropriate just because a patient has a learning disability is discriminatory and unlawful. Moreover, when considering what will be in the patient’s best interest you should never make assumptions about the quality of life of someone with a severe learning disability, or about how that person values their life.

In English law the health professional responsible for the person’s care is responsible for deciding whether or not a particular treatment is in that person’s best interest. It is not lawful to balance these interests against the interests of the family, carers or other health professionals, although, ideally, the decision will reflect an agreement between all parties.

Where there is disagreement over a serious health treatment between the health professional and family members, advocates or other involved parties, the Court of Protection may be able to rule on the patient’s best interest.

People who lack capacity to consent or who refuse a particular treatment option may still express willingness or unwillingness to cooperate with what is being offered. Such preferences should always be taken into account when deciding whether the proposed test or treatment is genuinely in the person’s best interest.

How to read the stories

There is no right or wrong way to read the stories.

Some people are not used to reading stories. Start at the beginning and read the story in each picture. Encourage the reader to move through the pages at their own pace.
Encourage the person to tell the story in their own words. You will discover what they think is happening, what they already know, and how they feel. If you are using the pictures to help explain a procedure to someone, you may need to describe or clarify the actions being shown in each picture to help them understand. Try not to challenge the reader(s) or suggest their ideas are wrong.
Some pictures may be more difficult to understand. It can help to prompt the people you are supporting, for example:
• Who do you think that is?
• What is happening?
• How is he or she feeling?
• Do you feel like that? Has it happened to you/ your friend/ your family?
Allow people enough time to follow the pictures at their own pace. Allow time for discussion of each picture.
Some people may benefit from reading the larger story from which the extract has been taken. This will allow them to explore their feelings and experiences in more depth. To buy the complete book, follow the link to the bookshop that appears at the end of the story.