SCHEDULES
SCHEDULE A1F1Hospital and care home residents: deprivation of liberty
Annotations:
Amendments (Textual)
F1Part 3The qualifying requirements
The best interests requirement
16
1
The relevant person meets the best interests requirement if all of the following conditions are met.
2
The first condition is that the relevant person is, or is to be, a detained resident.
3
The second condition is that it is in the best interests of the relevant person for him to be a detained resident.
4
The third condition is that, in order to prevent harm to the relevant person, it is necessary for him to be a detained resident.
5
The fourth condition is that it is a proportionate response to—
a
the likelihood of the relevant person suffering harm, and
b
the seriousness of that harm,
for him to be a detained resident.
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)