Paragraph 20 F1

(1)

A statement for the purposes of paragraph 19(a) is a statement in writing by the care home manager—

(a)

that the cared-for person is aged 18 or over,

(b)

that the arrangements give rise to a deprivation of the cared-for person's liberty,

(c)

that the arrangements are not excluded by Part 7,

(d)

that the determinations required by paragraphs 21 and 22 have been made,

(e)

that the care home manager has carried out consultation under paragraph 23, and

(f)

that the care home manager—

(i)

is satisfied that paragraph 24(2)(a) or (b) applies,

(ii)

is satisfied that neither applies, or

(iii)

is not satisfied that a decision can be made as to whether either applies.

(2)

The statement—

(a)

must include the reasons for what is stated under sub-paragraph (1)(b) and (f);

(b)

must be accompanied by—

(i)

a record of the assessments on which the determinations required by paragraphs 21 and 22 were made,

(ii)

evidence of the consultation mentioned in sub-paragraph (1)(e), and

(iii)

a draft authorisation record prepared in accordance with paragraph 27.

Annotations

F1: Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1