Definition in primary legislation
of
Best interests requirement
from
Mental Capacity Act 2005, Schedule A1, Part 3
Source
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.