SCHEDULES
F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment
Part 2Authorisation of arrangements
22Determination that arrangements are necessary and proportionate
1
The determination required by this paragraph is a determination by a person, who meets requirements prescribed by regulations made by the appropriate authority, made on an assessment by that person that the arrangements are necessary to prevent harm to the cared-for person and proportionate in relation to the likelihood and seriousness of harm to the cared-for person.
2
When making a determination under this paragraph regard must be had (amongst other matters) to the cared-for person’s wishes and feelings in relation to the arrangements.
3
If the arrangements are care home arrangements and authorisation is being determined under paragraph 19, a determination may not be made by a person who has a connection, of a kind prescribed by regulations, with a care home.
4
Regulations made by the appropriate authority under sub-paragraph (3) may make provision about a connection of any kind (financial or otherwise).
5
The “appropriate authority” means—
a
where the determination is in relation to an authorisation by an English responsible body, the Secretary of State, and
b
where the determination is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers.
Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1