Part 7Compulsory treatment orders

Chapter 1Application for, and making of, orders

Pre-application procedures

61Mental health officer’s duty to prepare report

1

This section applies where a mental health officer is required by section 57(1) of this Act to make an application under section 63 of this Act in respect of a patient.

2

The mental health officer shall, before the date on which, by virtue of section 57(7) of this Act, the application is to be made—

a

subject to subsection (3) below, interview the patient;

b

if the patient has not been given notice under section 60(1)(a) of this Act, inform the patient that the application is to be made;

c

inform the patient of—

i

the patient’s rights in relation to the application; and

ii

the availability of independent advocacy services under section 259 of this Act;

d

take appropriate steps to ensure that the patient has the opportunity of making use of those services; and

e

prepare in relation to the patient a report in accordance with subsection (4) below.

3

If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.

4

The report shall state—

a

the name and address of the patient;

b

if known by the mental health officer, the name and address of—

i

the patient’s named person; and

ii

the patient’s primary carer;

c

the steps that the mental health officer has taken in pursuance of the requirements imposed by subsection (2) above;

d

if it was impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the reason for that being the case;

e

in so far as relevant for the purposes of the application, details of the personal circumstances of the patient;

f

the mental health officer’s views on the mental health reports relating to the patient;

g

if known by the mental health officer, details of any advance statement that the patient has made (and not withdrawn); and

h

any other information that the mental health officer considers relevant to the determination by the Tribunal of the application.