Part 1Persons who lack capacity

Preliminary

6Section 5 acts: limitations

(1)

If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied.

(2)

The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.

(3)

The second is that the act is a proportionate response to—

(a)

the likelihood of P's suffering harm, and

(b)

the seriousness of that harm.

(4)

For the purposes of this section D restrains P if he—

(a)

uses, or threatens to use, force to secure the doing of an act which P resists, or

(b)

restricts P's liberty of movement, whether or not P resists.

(5)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by—

(a)

a donee of a lasting power of attorney granted by P, or

(b)

a deputy appointed for P by the court.

(7)

But nothing in subsection (6) stops a person—

(a)

providing life-sustaining treatment, or

(b)

doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition,

while a decision as respects any relevant issue is sought from the court.