The Mental Health (Social Circumstances Reports) (Scotland) Regulations 2005

Made: 6th June 2005

Laid before the Scottish Parliament: 8th June 2005

Coming into force: 5th October 2005

The Scottish Ministers, in exercise of the powers conferred by section 231(3) of the Mental Health (Care and Treatment) (Scotland) Act 2003[^f00001], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1

These 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 report

2

A social circumstances report shall set out the following information, where it is relevant to the care of the patient–

• (a) the reasons for the use of compulsory powers;

• (b) the views of the patient with respect to the use of compulsory powers;

• (c) if 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;

• (d) the patient’s state of mental health;

• (e) the patient’s state of physical health;

• (f) the patient’s mental health history;

• (g) an assessment of the risk of harm to the patient and to others;

• (h) the patient’s personal history including details of employment, finances and accommodation prior to the use of compulsory powers;

• (i) details of the patient’s family situation including whether the patient has children, dependents and caring responsibilities;

• (j) details of the patient’s regular social contacts;

• (k) the patient’s ability to care for himself or herself;

• (l) the care being provided to the patient prior to the use of compulsory powers;

• (m) any 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;

• (n) any alternatives to the use of compulsory powers which were considered and ruled out;

• (o) any history of offending, including consideration of victims and those affected;

• (p) any history of substance misuse;

• (q) ethnic, cultural and religious factors;

• (r) whether the patient has difficulty in communicating; and

• (s) any plan which has been put in place to deal with any of the above.

Signed

RHONA BRANKIN — Authorised to sign by the Scottish Ministers — 6th June 2005

Explanatory note

(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.

Footnotes

[^f00001]: 2003 asp 13. See section 329(1) for the definition of “regulations”.