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PART 2
Guiding Principles
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Guiding principles to apply in respect of adults
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8. (1) The principles specified in subsections (2) to (8) (in this Act referred to as the “guiding principles”) shall apply in respect of the making of any decision relating to a voluntarily admitted person or an involuntarily admitted person (in this section referred to as an “applicable person”) in a registered acute mental health centre.
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(2) It shall be presumed that an applicable person has capacity to make decisions affecting himself or herself unless the contrary is shown in accordance with—
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(a) Part 3, or
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(b) the provisions of the Act of 2015.
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(3) An applicable person shall not be considered as unable to make a decision affecting himself or herself unless all practicable steps have been taken, without success, to help him or her to do so, including by giving the applicable person concerned an opportunity, if he or she so wishes, to consult with a person or persons of his or her choosing prior to making such a decision.
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(4) An applicable person shall not be considered as unable to make a decision merely by reason of making, having made, or being likely to make, an unwise decision.
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(5) Where an applicable person lacks capacity in respect of the making of a decision then the provisions of the Act of 2015 shall apply in respect of the making of that decision except where provided for in Chapter 3 of Part 3.
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(6) Where it is proposed to make a decision in respect of an applicable person—
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(a) the applicable person shall be notified of the proposed decision in a form and language that may reasonably be understood by him or her,
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(b) the applicable person shall be entitled to make representations in relation to the proposed decision,
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(c) the applicable person shall be encouraged and facilitated to participate, or to improve his or her ability to participate, as fully as possible, in the decision, and
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(d) all representations made by the applicable person to the person making the decision shall be taken into account before any decision is made.
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(7) In making a decision in relation to an applicable person, the person making the decision—
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(a) shall act at all times in good faith,
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(b) may, with the consent of the applicable person concerned, consider the views of—
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(i) any person engaged in caring for the applicable person, and
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(ii) any other mental healthcare professional who is not a member of the person’s multidisciplinary team or who is otherwise not involved in the person’s care and treatment,
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(c) shall not seek to obtain information that is not reasonably required for the making of the decision,
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(d) shall not use information for a purpose other than in relation to the proposed decision, and
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(e) shall take all necessary steps to ensure that information—
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(i) is kept secure from unauthorised access, use or disclosure, and
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(ii) is safely disposed of when he or she believes it is no longer required.
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(8) A decision made in respect of an applicable person shall—
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(a) be made in a manner that minimises any restrictions of that person’s rights and freedoms,
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(b) respect the right of the applicable person to dignity, bodily integrity, privacy and autonomy,
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(c) be proportionate to the significance and urgency of the matter the subject of the decision,
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(d) be limited in duration, in so far as is practicable, after taking into account the particular circumstances of the matter the subject of the decision,
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(e) be made in a manner that promotes the highest attainable standard of mental health, subject to the availability of resources, and
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(f) be made with due regard to the person’s will and preferences in relation to the decision.
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