Review of arrangements as to accommodation3
1
The circumstances specified in this regulation are where—
a
qualifying arrangements have been made by an NHS body or local authority as to the accommodation of a person (“P”) who lacks capacity to agree to the arrangements;
b
a review of the arrangements is proposed or in progress (whether under a care plan or otherwise);
c
the NHS body is satisfied, or the local authority are satisfied, that there is no person, other than a person engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P’s best interests;
d
none of the following exist—
i
a person nominated by P (in whatever manner) as a person to be consulted in matters affecting his interests,
ii
a donee of a lasting power of attorney created by P,
iii
a deputy appointed by the Court of Protection for P, or
iv
a donee of an enduring power of attorney (within the meaning of Schedule 4 to the Act) created by P; and
e
sections 37, 38 and 39 of the Act do not apply.
2
In this regulation—
“accommodation” means—
- a
accommodation in a care home or hospital, or
- b
residential accommodation provided in accordance with—
- i
section 21 or 29 of the National Assistance Act 19487, or
- ii
section 117 of the Mental Health Act 19838,
as the result of a decision taken by a local authority under section 47 of the National Health Service and Community Care Act 19909;
- i
- a
“care home” and “hospital” have the same meaning as in section 38 of the Act; and
“qualifying arrangements” means arrangements—
- a
under which accommodation has been provided for P for a continuous period of 12 weeks or more, and
- b
which are not made as a result of an obligation imposed on P under the Mental Health Act 1983.
- a