sec.80VWhen tribunal may approve use of containment or seclusion

### sec.80V When tribunal may approve use of containment or seclusion The tribunal may, by order, give approval for a relevant service provider to contain or seclude an adult, subject to the conditions stated in the order. The tribunal may give the approval only if the tribunal is satisfied— the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and there is a need for the relevant service provider to contain or seclude the adult because— the adult’s behaviour has previously resulted in harm to the adult or others; and there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and a positive behaviour support plan has been developed for the adult that provides for the containment or seclusion; and containing or secluding the adult in compliance with the approval is the least restrictive way of ensuring the safety of the adult or others; and the adult has been adequately assessed by appropriately qualified persons, within the meaning of the Disability Services Act 2006 , section 149 , in the development of the positive behaviour support plan for the adult; and if the positive behaviour support plan for the adult is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term; and the observations and monitoring provided for under the positive behaviour support plan for the adult are appropriate. The tribunal may make the order on its own initiative or on an application under section 80ZO . s 80V ins 2008 No. 23 s 22 amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2020 No. 39 s 70 sch 1 (sec.80V-ssec.1) The tribunal may, by order, give approval for a relevant service provider to contain or seclude an adult, subject to the conditions stated in the order. (sec.80V-ssec.2) The tribunal may give the approval only if the tribunal is satisfied— the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and there is a need for the relevant service provider to contain or seclude the adult because— the adult’s behaviour has previously resulted in harm to the adult or others; and there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and a positive behaviour support plan has been developed for the adult that provides for the containment or seclusion; and containing or secluding the adult in compliance with the approval is the least restrictive way of ensuring the safety of the adult or others; and the adult has been adequately assessed by appropriately qualified persons, within the meaning of the Disability Services Act 2006 , section 149 , in the development of the positive behaviour support plan for the adult; and if the positive behaviour support plan for the adult is implemented— the risk of the adult’s behaviour causing harm will be reduced or eliminated; and the adult’s quality of life will be improved in the long term; and the observations and monitoring provided for under the positive behaviour support plan for the adult are appropriate. (sec.80V-ssec.3) The tribunal may make the order on its own initiative or on an application under section 80ZO . - (a) the adult has impaired capacity for making decisions about the use of restrictive practices in relation to the adult; and - (b) there is a need for the relevant service provider to contain or seclude the adult because— (i) the adult’s behaviour has previously resulted in harm to the adult or others; and (ii) there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and - (i) the adult’s behaviour has previously resulted in harm to the adult or others; and - (ii) there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and - (c) a positive behaviour support plan has been developed for the adult that provides for the containment or seclusion; and - (d) containing or secluding the adult in compliance with the approval is the least restrictive way of ensuring the safety of the adult or others; and - (e) the adult has been adequately assessed by appropriately qualified persons, within the meaning of the Disability Services Act 2006 , section 149 , in the development of the positive behaviour support plan for the adult; and - (f) if the positive behaviour support plan for the adult is implemented— (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and (ii) the adult’s quality of life will be improved in the long term; and - (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (ii) the adult’s quality of life will be improved in the long term; and - (g) the observations and monitoring provided for under the positive behaviour support plan for the adult are appropriate. - (i) the adult’s behaviour has previously resulted in harm to the adult or others; and - (ii) there is a reasonable likelihood that, if the approval is not given, the adult’s behaviour will cause harm to the adult or others; and - (i) the risk of the adult’s behaviour causing harm will be reduced or eliminated; and - (ii) the adult’s quality of life will be improved in the long term; and