Paragraph 16 F1

(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.

Annotations

F1: Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )