PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC
Treatment with serious consequences
22Sections 19 and 20: the prevention of serious harm condition
1
For the purposes of sections 19 and 20, the prevention of serious harm condition is that at the time the act mentioned in subsection (1)(a) of that section is done, D reasonably believes—
a
that failure to provide the treatment in question to P would create a risk of serious harm to P or of serious physical harm to other persons; and
b
that carrying out that treatment is a proportionate response to—
i
the likelihood of harm to P, or of physical harm to other persons; and
ii
the seriousness of the harm concerned.
2
Subsection (3) applies where there are one or more treatments (other than the treatment mentioned in subsection (1))—
a
that are available and would be appropriate in P's case; and
b
the provision of which would not involve the doing of acts to which section 19 or 20 applies.
3
In determining whether failure to provide the treatment mentioned in subsection (1) would create a risk of serious harm to P or of serious physical harm to other persons, it must be assumed that if that treatment were not provided, another treatment would be provided as soon as practicable.