SCHEDULES
SCHEDULE A1F1Hospital and care home residents: deprivation of liberty
F1Part 8Standard authorisations: review
Review assessments
112
1
A review assessment is an assessment of whether the relevant person meets a qualifying requirement.
2
In relation to a review assessment—
a
a negative conclusion is a conclusion that the relevant person does not meet the qualifying requirement to which the assessment relates;
b
a positive conclusion is a conclusion that the relevant person meets the qualifying requirement to which the assessment relates.
3
An age review assessment is a review assessment carried out in relation to the age requirement.
4
A mental health review assessment is a review assessment carried out in relation to the mental health requirement.
5
A mental capacity review assessment is a review assessment carried out in relation to the mental capacity requirement.
6
A best interests review assessment is a review assessment carried out in relation to the best interests requirement.
7
An eligibility review assessment is a review assessment carried out in relation to the eligibility requirement.
8
A no refusals review assessment is a review assessment carried out in relation to the no refusals requirement.
113
1
In carrying out a review assessment, the assessor must comply with any duties which would be imposed upon him under Part 4 if the assessment were being carried out in connection with a request for a standard authorisation.
2
But in the case of a best interests review assessment, paragraphs 43 and 44 do not apply.
3
Instead of what is required by paragraph 43, the best interests review assessment must include recommendations about whether — and, if so, how — it would be appropriate to vary the conditions to which the standard authorisation is subject.
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)