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—

    1. a

      accommodation in a care home or hospital, or

    2. b

      residential accommodation provided in accordance with—

      1. i

        section 21 or 29 of the National Assistance Act 19487, or

      2. 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;

  • “care home” and “hospital” have the same meaning as in section 38 of the Act; and

  • “qualifying arrangements” means arrangements—

    1. a

      under which accommodation has been provided for P for a continuous period of 12 weeks or more, and

    2. b

      which are not made as a result of an obligation imposed on P under the Mental Health Act 1983.