SCHEDULES
SCHEDULE A1F1Hospital and care home residents: deprivation of liberty
F1Part 4Standard authorisations
Right of third party to require consideration of whether authorisation needed
69
1
This paragraph applies if an eligible person requests the supervisory body to decide whether or not there is an unauthorised deprivation of liberty.
2
The supervisory body must select and appoint a person to carry out an assessment of whether or not the relevant person is a detained resident.
3
But the supervisory body need not select and appoint a person to carry out such an assessment in either of these cases.
4
The first case is where it appears to the supervisory body that the request by the eligible person is frivolous or vexatious.
5
The second case is where it appears to the supervisory body that—
a
the question of whether or not there is an unauthorised deprivation of liberty has already been decided, and
b
since that decision, there has been no change of circumstances which would merit the question being decided again.
6
The supervisory body must not select and appoint a person to carry out an assessment under this paragraph unless it appears to the supervisory body that the person would be—
a
suitable to carry out a best interests assessment (if one were obtained in connection with a request for a standard authorisation relating to the relevant person), and
b
eligible to carry out such a best interests assessment.
7
The supervisory body must notify the persons specified in sub-paragraph (8)—
a
that the supervisory body have been requested to decide whether or not there is an unauthorised deprivation of liberty;
b
of their decision whether or not to select and appoint a person to carry out an assessment under this paragraph;
c
if their decision is to select and appoint a person, of the person appointed.
8
The persons referred to in sub-paragraph (7) are—
a
the eligible person who made the request under paragraph 68;
b
the person to whom the request relates;
c
the managing authority of the relevant hospital or care home;
d
any section 39A IMCA.
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)