Adult Social Care Glossary, v 0.6

46 An eligibility assessment is an assessment of whether the relevant person meets the eligibility requirement. 47 (1) Regulations may— (a) require an eligibility assessor to request a best interests assessor to provide relevant eligibility information, and (b) require the best interests assessor, if such a request is made, to provide such relevant eligibility information as he may have. (2) In this paragraph— “best interests assessor” means any person who is carrying out, or has carried out, a best interests assessment in relation to the relevant person; “eligibility assessor” means a person carrying out an eligibility assessment in relation to the relevant person; “relevant eligibility information” is information relevant to assessing whether or not the relevant person is ineligible by virtue of paragraph 5 of Schedule 1A.

17 (1) The relevant person meets the eligibility requirement unless he is ineligible to be deprived of liberty by this Act. (2) Schedule 1A applies for the purpose of determining whether or not P is ineligible to be deprived of liberty by this Act.

An assessment, for the purpose of the deprivation of liberty safeguards, of whether or not a person is rendered ineligible for a standard deprivation of liberty authorisation because the authorisation would conflict with requirements that are, or could be, placed on the person under the Mental Health Act 1983.

Is the eligibility requirement met, i.e. the person is eligible for the DoLS to be used, rather than the Mental Health Act 1983, to authorise a deprivation of liberty.