sec.163Requirements for chief executive’s decision about whether change should be made

sec.163 Requirements for chief executive’s decision about whether change should be made

The chief executive may decide a change should be made to the adult’s positive behaviour support plan only if satisfied the change would not— increase the risk of the adult’s behaviour causing harm to the adult or others; or decrease the extent to which the adult’s needs are met or the adult’s capabilities and quality of life are improved. For deciding whether a change should be made, the chief executive may arrange for all or part of a multidisciplinary assessment to be conducted, or consult any of the entities listed in section 156 (3) , as the chief executive considers appropriate in the circumstances. However, if the chief executive is deciding whether a change should be made because the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , the chief executive must consult the authorised psychiatrist responsible for treating the adult under that Act. Also, if the chief executive is deciding whether a change should be made because the adult is a forensic disability client, the chief executive must consult a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 . Subsection (2) applies subject to any order or direction of the tribunal. s 163 prev s 163 om 2014 No. 12 s 59 pres s 163 ins 2008 No. 23 s 7 amd 2009 No. 24 s 57; 2011 No. 13 s 183; 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 81 sch 1 (sec.163-ssec.1) The chief executive may decide a change should be made to the adult’s positive behaviour support plan only if satisfied the change would not— increase the risk of the adult’s behaviour causing harm to the adult or others; or decrease the extent to which the adult’s needs are met or the adult’s capabilities and quality of life are improved. (sec.163-ssec.2) For deciding whether a change should be made, the chief executive may arrange for all or part of a multidisciplinary assessment to be conducted, or consult any of the entities listed in section 156 (3) , as the chief executive considers appropriate in the circumstances. (sec.163-ssec.3) However, if the chief executive is deciding whether a change should be made because the adult is subject to a forensic order, treatment support order or treatment authority under the Mental Health Act 2016 , the chief executive must consult the authorised psychiatrist responsible for treating the adult under that Act. (sec.163-ssec.4) Also, if the chief executive is deciding whether a change should be made because the adult is a forensic disability client, the chief executive must consult a senior practitioner responsible for the care and support of the adult under the Forensic Disability Act 2011 . (sec.163-ssec.5) Subsection (2) applies subject to any order or direction of the tribunal.

• (a) increase the risk of the adult’s behaviour causing harm to the adult or others; or