The Mental Health Review Tribunal (Amendment) Rules 1996

Amendment of Schedule 1 to the principal Rules

12.—(1) In the headings to Parts A and B in Schedule 1 there shall be inserted in each case after the words “(OTHER THAN CONDITIONALLY DISCHARGED PATIENTS” the words “AND PATIENTS SUBJECT (OR TO BE SUBJECT) TO AFTER-CARE UNDER SUPERVISION)”.

(2) At the end of Schedule 1 (statements by the responsible authority and the Secretary of State), there shall be added the following Parts—

“PART E INFORMATION AND DOCUMENTS RELATING TO PATIENTS SUBJECT (OR TO BE SUBJECT) TO AFTER-CARE UNDER SUPERVISION

1.   The full name, address and age of the patient.

2.   The date of the acceptance of the supervision application in respect of the patient.

3.   A copy of the original supervision application, details of the after-care services provided (or to be provided) under section 117(1) of the Act, details of any requirements imposed (or to be imposed) under section 25D(1)(2) of the Act, a copy of any report furnished under section 25G(3)(b)(3) of the Act in relation to renewal of the supervision application and a copy of any record of modification of the after-care services provided.

4.   Any reclassification of the form of mental disorder from which the patient is recorded as suffering in the supervision application reported in accordance with section 25F(1)(4) of the Act.

5.   The name and address of the person who is (or is to be) the community responsible medical officer and the period (if any) during which he has been in charge of the patient’s medical treatment.

6.   The name and address of the person who is (or is to be) the patient’s supervisor.

7.   Where a registered medical practitioner other than the community responsible medical officer is or has recently been largely concerned in the treatment of the patient, details of the name and address of that practitioner and the period which the patient has spent under his care.

8.   The name and address of any place where the patient (if he has been discharged) is receiving medical treatment.

9.   The name and address of the hospital where the patient was detained or liable to be detained when the supervision application was made.

10.   The dates of any previous tribunal hearings in relation to the patient since he became subject to after-care under supervision, the decisions reached at such hearings and the reasons given.

11.   Details of any proceedings in the Court of Protection and of any receivership order made in respect of the patient.

12.   The name and address of the patient’s nearest relative or of any other person who is exercising that function.

13.   The name and address of any other person who takes a close interest in the patient.

PART F REPORTS RELATING TO PATIENTS SUBJECT (OR TO BE SUBJECT) TO AFTER-CARE UNDER SUPERVISION

1.   An up-to-date medical report, prepared for the tribunal by the patient’s community responsible medical officer or, if he has not yet left hospital, his responsible medical officer (or, where there is none, his last responsible medical officer), including the relevant medical history and a full report on the patient’s mental condition.

2.   Where the patient is subject to after-care under supervision an up-to-date report prepared for the tribunal by the patient’s supervisor including reports on the following—

(a) the patient’s home and family circumstances, including the attitude of the patient’s nearest relative or the person so acting and the attitude of any person who plays a substantial part in the care of the patient but is not professionally concerned with any of the after-care services provided to the patient;

(b) his progress in the community whilst subject to after-care under supervision including an assessment of the effectiveness of that supervision.

3.   Where the patient has not yet left hospital an up-to-date social circumstances report prepared for the tribunal by a person professionally concerned with the nature of the patient’s social circumstances including reports on the following—

(a) the patient’s home and family circumstances, including the attitude of the patient’s nearest relative or the person so acting;

(b) the opportunities for employment or occupation and the housing facilities which would be available to the patient upon his discharge from hospital;

(c) the availability of community support and relevant medical facilities;

(d) the financial circumstances of the patient.”.

(1)

Paragraph (gc) of section 66(1) was inserted in the Act by paragraph 7(2) of Schedule 1 to the 1995 Act.

(2)

Section 25G was inserted in the Act by section 1(1) of the 1995 Act.

(3)

Section 25H was inserted in the Act by section 1(1) of the 1995 Act.

(4)

Subsection (4A) of section 72 was inserted in the Act by paragraph 10(3) of Schedule 1 to the 1995 Act.