Part 7

Compulsory treatment orders
Chapter 1

Application for, and making of, orders

Pre-application procedures

Mental health officer’s duty to prepare report
61
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if known by the mental health officer, details of any advance statement that the patient has made (and not withdrawn); and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.