# Mental Capacity Act 2005, Paragraph 44


(1) This paragraph applies if the best interests assessment comes to the conclusion that the relevant person does not meet the best interests requirement.
(2) If, on the basis of the information taken into account in carrying out the assessment, it appears to the assessor that there is an unauthorised deprivation of liberty, he must include a statement to that effect in the assessment.
(3) There is an unauthorised deprivation of liberty if the managing authority of the relevant hospital or care home are already depriving the relevant person of his liberty without authority of the kind mentioned in section 4A.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/schedule/A1/paragraph/44 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/schedule-A1/paragraph-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.