PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC

Community residence requirements

30Community residence requirements: authorisation etc

1

This section applies where the act mentioned in section 9(1) is—

a

the imposition on P of a community residence requirement (see section 31); or

b

an act done for the purpose of ensuring that P complies with a community residence requirement.

2

Section 9(2) (protection from liability) applies to the act only if—

a

the community residence requirement is authorised; and

b

the prevention of harm condition (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) is met.

3

For the purposes of subsection (2)(a) the community residence requirement is “authorised” if, at the time the act is done, there is in force an authorisation granted under Schedule 1 which permits that community residence requirement to be imposed.

4

The prevention of harm condition is that at the time the act is done D reasonably believes—

a

that failure to do the act would create a risk of harm to P; and

b

that the act is a proportionate response to—

i

the likelihood of harm to P; and

ii

the seriousness of the harm concerned.