SCHEDULESF1F1

F1SCHEDULE A1Hospital and care home residents: deprivation of liberty

Part 3The qualifying requirements

The best interests requirement

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1

The relevant person meets the best interests requirement if all of the following conditions are met.

2

The first condition is that the relevant person is, or is to be, a detained resident.

3

The second condition is that it is in the best interests of the relevant person for him to be a detained resident.

4

The third condition is that, in order to prevent harm to the relevant person, it is necessary for him to be a detained resident.

5

The fourth condition is that it is a proportionate response to—

a

the likelihood of the relevant person suffering harm, and

b

the seriousness of that harm,

for him to be a detained resident.