Mr. Diego Castillo Goncalves:

One of the points we raised in our observations is that the best interest of the child should guide all treatment decisions. One of our concerns is that if this fragmented system of capacity assessments is not clarified, or if there is not clarity between these two Departments or they do not take a joint approach ensuring provisions that impact on children reflect best practice, as provided for under the 2015 Act, the best interest of the child might not be upheld or there will be concerns about whether the evolving capacities of children will actually be taken into account.