Mental Capacity Act (Northern Ireland) 2016

Duty to revoke community residence requirement where criteria no longer met

32.—(1) If—

(a) a community residence requirement which is permitted by an authorisation under Schedule 1 to be imposed on a person has been imposed, and

(b) at any time after the imposition of the requirement, the approved social worker in charge of the person’s case considers that any of the conditions in subsection (2) is no longer met,

the requirement must be revoked.

(2) Those conditions are—

(a) that the person lacks capacity in relation to the matters covered by the community residence requirement;

(b) that revoking the community residence requirement would create a risk of harm to the person;

(c) that keeping the requirement in place is a proportionate response to—

(i) the likelihood of harm to the person if the requirement were revoked; and

(ii) the seriousness of the harm concerned;

(d) that the community residence requirement is in the person’s best interests.

(3) Subsection (1) is without prejudice to section 30 (under which acts to ensure compliance with a community residence requirement are unlawful if criteria are not met).

(4) Where a community residence requirement is revoked in the circumstances mentioned in subsection (1)(b), another community residence requirement may not be imposed on the person by virtue of the same authorisation.