Adult Social Care Glossary, v 0.6

38 A best interests assessment is an assessment of whether the relevant person meets the best interests requirement.

39(1) In carrying out a best interests assessment, the assessor must comply with the duties in sub-paragraphs (2) and (3).

(2) The assessor must consult the managing authority of the relevant hospital or care home.

(3) The assessor must have regard to all of the following—
(a) the conclusions which the mental health assessor has notified to the best interests assessor in accordance with paragraph 36(b);
(b) any relevant needs assessment;
(c) any relevant care plan.

(4) A relevant needs assessment is an assessment of the relevant person's needs which—
(a) was carried out in connection with the relevant person being accommodated in the relevant hospital or care home, and
(b) was carried out by or on behalf of—
(i) the managing authority of the relevant hospital or care home, or
(ii) the supervisory body.

(5) A relevant care plan is a care plan which—
(a) sets out how the relevant person's needs are to be met whilst he is accommodated in the relevant hospital or care home, and
(b) was drawn up by or on behalf of—
(i) the managing authority of the relevant hospital or care home, or
(ii) the supervisory body.

(6) The managing authority must give the assessor a copy of—
(a) any relevant needs assessment carried out by them or on their behalf, or
(b) any relevant care plan drawn up by them or on their behalf.

(7) The supervisory body must give the assessor a copy of—
(a) any relevant needs assessment carried out by them or on their behalf, or
(b) any relevant care plan drawn up by them or on their behalf.

(8) The duties in sub-paragraphs (2) and (3) do not affect any other duty to consult or to take the views of others into account.

16 (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.

An assessment, for the purpose of the deprivation of liberty safeguards, of whether deprivation of liberty is in a detained person’s best interests, is necessary to prevent harm to the person and is a proportionate response to the likelihood and seriousness of that harm.

Is the best interests requirement met, i.e. it is in the person's best interests to be deprived of their liberty in this care home or hospital for the purpose of giving the proposed care or treatment, it is necessary to prevent harm to that person, and it is proportionate to the risk and seriousness of that harm.

Is the best interests requirement met, i.e. it is in the person's best interests to be deprived of their liberty in this care home or hospital for the purpose of giving the proposed care or treatment, it is necessary to prevent harm to that person, and it is proportionate to the risk and seriousness of that harm.