What Matters
The person at risk must remain at the centre of all decision making, as the person is considered best placed to identify risks, the impact and what actions to take to potentially reduce the seriousness and/or severity of the risk.
However, there may be instances where the person may have difficulty in making decisions about risk. In this instance, practitioners should consider the best way to support the person to understand risk. This could be done by enlisting the help of a family member or friend, going at a suitable pace for the person so that they can absorb the information or use specialist means of communication.
If the person shows substantial difficulty in understanding any information presented to them and there is no other suitable person to support the adult, then the local authority should take steps to appoint an independent advocate. If support is provided and the person is still unable to make a decision, then a mental capacity assessment should be completed.
It is important to remember that a person may have the capacity to make an unwise decision that puts others at risk, in these cases the practitioner should work with the person to help them understand potential consequences.
Other options include undertaking a multi-disciplinary assessment process and in some cases people may also be entitled to an advocate such as a Care Act Advocate or Independent Mental Capacity Act advocate (IMCA). In the event that all evidence indicates that the person lacks capacity then a best interest decision will need to be made.