Paragraph 12

Not yet in force

In relation to the imposition on P of a community residence requirement, the criteria for authorisation are that—

(a)

failure to impose a community residence requirement would create a risk of harm to P;

(b)

imposing such a requirement would be a proportionate response to—

(i)

the likelihood of harm to P; and

(ii)

the seriousness of the harm concerned;

(c)

P lacks capacity in relation to the matters covered by the community residence requirement;

(d)

any services which, under regulations under section 33, are required to be available to people subject to community residence requirements are available in the area in which P would be required by the community residence requirement to live; and

(e)

the community residence requirement would be in P's best interests.