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.