SCHEDULES

SCHEDULE A1F1Hospital and care home residents: deprivation of liberty

Annotations:
Amendments (Textual)
F1

Sch. A1 omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)

F1Part 4Standard authorisations

Right of third party to require consideration of whether authorisation needed

68

1

If the following conditions are met, an eligible person may request the supervisory body to decide whether or not there is an unauthorised deprivation of liberty.

2

The first condition is that the eligible person has notified the managing authority of the relevant hospital or care home that it appears to the eligible person that there is an unauthorised deprivation of liberty.

3

The second condition is that the eligible person has asked the managing authority to request a standard authorisation in relation to the detention of the relevant person.

4

The third condition is that the managing authority has not requested a standard authorisation within a reasonable period after the eligible person asks it to do so.

5

In this paragraph “eligible person” means any person other than the managing authority of the relevant hospital or care home.