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 3The qualifying requirements

The best interests requirement

16

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.