http://www.legislation.gov.uk/ssi/2005/310/madeThe Mental Health (Social Circumstances Reports) (Scotland) Regulations 2005Mental healthHealth and safety risk assessmentMental health supportApproved social workersKing's Printer for Scotland2011-07-04MENTAL HEALTHThese Regulations prescribe the contents of a social circumstances report which is provided for in section 231 of the Mental Health(Care and Treatment) (Scotland) Act 2003, asp 13.2005 No. 310MENTAL HEALTHThe Mental Health (Social Circumstances Reports) (Scotland) Regulations 2005Made6th June 2005Laid before the Scottish Parliament8th June 2005Coming into force5th October 2005The Scottish Ministers, in exercise of the powers conferred by section 231(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003, and of all other powers enabling them in that behalf, hereby make the following Regulations:Citation and commencement1These Regulations may be cited as the Mental Health (Social Circumstances Reports) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.Social circumstances report2A social circumstances report shall set out the following information, where it is relevant to the care of the patient–athe reasons for the use of compulsory powers;bthe views of the patient with respect to the use of compulsory powers;cif the patient is unable to give a view, and only if available to the mental health officer, the views of the patient’s named person, carer, guardian and welfare attorney with respect to the use of compulsory powers;dthe patient’s state of mental health;ethe patient’s state of physical health;fthe patient’s mental health history;gan assessment of the risk of harm to the patient and to others;hthe patient’s personal history including details of employment, finances and accommodation prior to the use of compulsory powers;idetails of the patient’s family situation including whether the patient has children, dependents and caring responsibilities;jdetails of the patient’s regular social contacts;kthe patient’s ability to care for himself or herself;lthe care being provided to the patient prior to the use of compulsory powers;many matters which would require the local authority to make inquiries into the patient’s case under section 33 of the Mental Health (Care and Treatment) (Scotland) Act 2003;nany alternatives to the use of compulsory powers which were considered and ruled out;oany history of offending, including consideration of victims and those affected;pany history of substance misuse;qethnic, cultural and religious factors;rwhether the patient has difficulty in communicating; andsany plan which has been put in place to deal with any of the above.RHONA BRANKINAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh6th June 2005(This note is not part of the Regulations)
These Regulations prescribe the contents of a social circumstances report which is provided for in section 231 of the Mental Health(Care and Treatment) (Scotland) Act 2003, asp 13.
2003 asp 13. See section 329(1) for the definition of “regulations”.