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Mental health requirement
of
Mental health requirement
from
Mental Capacity Act 2005, Schedule A1, Part 3
Source
14 (1) The relevant person meets the mental health requirement if he is suffering from mental disorder (within the meaning of the Mental Health Act, but disregarding any exclusion for persons with learning disability).
(2) An exclusion for persons with learning disability is any provision of the Mental Health Act which provides for a person with learning disability not to be regarded as suffering from mental disorder for one or more purposes of that Act.
of
Mental health assessment
from
Mental Capacity Act 2005, Schedule A1, Part 4
Source
35 A mental health assessment is an assessment of whether the relevant person meets the mental health requirement.
36 When carrying out a mental health assessment, the assessor must also—
(a) consider how (if at all) the relevant person's mental health is likely to be affected by his being a detained resident, and
(b) notify the best interests assessor of his conclusions.
of
Mental health assessment
from
Deprivation of Liberty Safeguards Code of Practice
Source
An assessment, for the purpose of the deprivation of liberty safeguards, of whether a person lacks capacity in relation to the question of whether or not they should be accommodated in the relevant hospital or care home for the purpose of being given care or treatment.
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