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The MHRT has prepared an aide-mémoire or guide, which might assist the Responsible Authorities, or the person designated by the Responsible Authorities to prepare or commission the reports. This guide is set out in Annex B attached.

It may not be possible to cover all points on an assessment application (section 2) as time is always short. Moreover, the guide will not be entirely appropriate in the case of those clients who are under formal supervision in the community or guardianship. There are additional matters, which might be of importance in those cases, and these are set out in Annex C.

In the context of a social circumstances report uniformity of presentation is something which cannot easily be achieved. It is possible however, in every case for the author of the report to address certain criteria, certain questions and certain propositions which might improve and enhance that report for the benefit of all who take part in the tribunal hearing.

Whilst every case which comes before the Mental Health Review Tribunal for review will have its own special and personal features, there are nevertheless factors in every review that have to be considered on a regular basis. The Tribunal will be assisted in its deliberations by having at hand all relevant information, which will enable its members to consider the criteria for the discharge of patients who are formally detained.

The statutory requirements relating to reports are contained in paragraph 2 of part B of Schedule 1 of the Mental Health Review Tribunal Rules 1983 (1983 S1 No. 942) and part F of the Mental Health Review Tribunal (Amendment) Rules 1996 (1996 SI No. 314) which are set out in Annexes A and C hereof respectively.

Provision is also made in the Rules (Rule 6 (4)) for the withholding and non-disclosure of information. This may be of particular importance in certain circumstances. Rule 6 (4) is set out in Annex D hereof. It is important to note that the reasons for the withholding or non-disclosure of a statement must be given and submitted in a separate document.

This paper is intended to be a guide. Within the statutory requirements the form and content of the report rests with the author.

This paper follows the guidance in Mental Health Review Tribunals Law & Practice, Anselm Eldergill (Sweet & Maxwell, 1997), pages 684-687.

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