The Relationship Between “best interests” Decisions and the Rational Use of Resources by Local Authorities and NHS Bodies

Tue, 22 Jun 2010

By David Lock 
This paper considers the tensions between resource based health and welfare decisions made by public bodies (notably local authorities and NHS bodies) and the best interests jurisdiction exercised by the Court of Protection. In practice tensions between these two sets of principles appear to give rise to considerable practical problems and, as resource constraints impact upon public bodies, the importance of these issues may increase.
 
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