Making a Best Interests Decision on Where Someone Lives

Deciding where someone should live when they lack capacity themselves is one of the most significant Best Interests decisions that can be made. It goes beyond finding a ‘safe’ place for them – it’s ensuring they can thrive, maintain their identity, and access meaningful relationships.

Too often, these decisions rely heavily on a snapshot of a person’s life – a single assessment in one setting, limited input from professionals, or assumptions about what’s best based on practicalities rather than personal preference.

As an Independent Social Worker, I take a different approach. I believe that to truly understand what is in a person’s best interest, you have to go the extra mile – both literally and figuratively.

Why One Visit Isn’t Enough

In many cases, a person’s wishes and feelings about where they live aren’t immediately clear. Sometimes they struggle to express themselves, or they might adapt their behaviour depending on their surroundings and who they’re with.

That’s why I never rely on just one visit or setting to form my recommendations. Instead, I:

→      ✔️ Visit people in multiple environments to see how they interact and express themselves in different spaces.

→      ✔️ Speak to family, carers, and professionals to build a full picture of their past experiences and future wishes.

→      ✔️ Observe body language, engagement, and emotional responses – not just verbal answers.

→      ✔️ Take my time. I often visit people on weekends when settings feel different, ensuring I get a true reflection of their life and level of happiness.

This deeper level of assessment often leads to very different conclusions than a single visit might suggest.

Case Example 1: When First Impressions Don’t Tell the Full Story

In one case, I was asked to assess whether a person should remain in their care setting or return home to live with their family. Reports suggested they wanted to stay where they were, and initial feedback indicated they were settled.

However, when I visited them at their care home, they were withdrawn, quiet, and disengaged. Something didn’t feel quite right. So, I arranged a second visit – this time on a weekend, when they were with their family at home.

The difference was stark. In their family home, they were animated, laughing, and actively engaging with everyone around them. When asked directly, they expressed a wish to move home – something they hadn’t done in their care setting.

Had I only relied on the first visit, the decision could have been very different. By taking the extra step to see them in a different environment, I was able to make a genuinely informed recommendation that better reflected their wellbeing.

Case Example 2: When Family Wishes Don’t Align with the Person’s Needs

Family involvement is incredibly important in Best Interests decisions. But sometimes, what family members want and what the individual needs don’t align.

I worked with a person whose family member was advocating strongly for them to return home. The family member believed it was the best and most loving option, but after visiting them both at home and in the care setting, it became clear that the individual felt safer, more independent, and happier in their current placement.

While they loved their family, they flourished more in a structured environment with a strong support network around them. Their emotional responses, interactions with staff, and expressed preferences all pointed towards them feeling more at ease in their care setting.

Due to gathering thorough evidence from multiple visits, I was able to provide a well-supported recommendation that prioritised the person’s wishes and long-term wellbeing, even if it wasn’t the decision their family had hoped for.

A Best Interests Decision Should Always Reflect the Person’s Wishes

The Mental Capacity Act 2005 makes it clear that when making a Best Interests decision, we must consider:

→      The person’s past and present wishes and feelings

→      The views of those involved in their care

→      All available options, including the least restrictive alternative

But in practice, ensuring that a person’s voice is truly heard requires going beyond the basics. It means:

→      Spending time in different settings to build a real picture

→      Looking beyond verbal communication to understand how they actually feel

→      Not relying on assumptions or second-hand reports – but seeing for yourself

→      Taking the time to get it right – a rushed decision can have life-changing consequences

Why Independent Input Matters

Local authorities and solicitors often turn to Independent Social Workers for Best Interests decisions because they need an objective, well-evidenced recommendation that puts the person – not the system, service, or professional opinion – at the centre.

As an Independent Social Worker, I bring:

→      A completely unbiased perspective – free from external pressures

→      Extensive experience in complex Best Interests decisions

→      A person-centred, evidence-based approach that goes beyond surface- level assessments

→      Flexibility – I work weekends and adapt my approach to ensure a full and fair understanding.

Making the Right Decision

Where someone lives isn’t just about logistics. Everyone deserves to feel safe, happy, and able to thrive.

A true Best Interests decision doesn’t rush the process or rely on single-point assessments. It takes time, care, and attention to detail.

That’s how I work.

If you’re a solicitor, legal team, or local authority looking for professional, person-centric assessments that lead to best possible outcomes – I can help.

📩 Get in touch to discuss how I can support your case.