Mental Health (Scotland) Act 1984

[F1 F2 35B Community care applications. S

(1) A community care application may be made at any time after the expiry of the period of 28 days beginning with the day on which the patient was admitted to a hospital in pursuance of an application for admission.

(2) Before making a community care application the responsible medical officer shall—

(a) consult the persons specified in subsection (3) below; and

(b) consider the matters specified in subsection (5) below.

(3) The persons referred to in subsection (2)(a) above are—

(a) the patient [F3 or any guardian of the patient] and, if practicable and the patient does not object, his nearest relative [F3 and any welfare attorney of the patient];

(b) the persons who have been principally concerned with the patient’s medical treatment in hospital;

(c) the medical practitioner who is to be the patient’s special medical officer and the other persons who are to be concerned with the patient’s medical treatment after the community care order comes into force;

(d) the person who is to be the patient’s after-care officer;

(e) each other person who the responsible medical officer believes is to have a continuing professional involvement in any aspect of the after-care services which are to be provided for the patient under section 8 of this Act after the order comes into force; and

(f) any person who the responsible medical officer believes will play a substantial part in the care of the patient after the order comes into force but will not be professionally concerned with the after-care services to be so provided.

(4) If the patient has a propensity to violent or dangerous behaviour the responsible medical officer may consult the patient’s nearest relative [F4 and any welfare attorney of the patient,] notwithstanding any objection by the patient to such consultation under subsection (3)(a) above.

(5) The matters referred to in subsection (2)(b) above are—

(a) the after-care services mentioned in subsection (3)(e) above; and

(b) the conditions which should be specified in the order with a view to ensuring that the patient receives medical treatment and such after-care services.

(6) A community care application shall be in the prescribed form and shall include—

(a) the conditions which the responsible medical officer considers should be specified in the community care order for the purpose mentioned in subsection (5)(b) above;

(b) the name of the medical practitioner who is to be the patient’s special medical officer after the order comes into force;

(c) the name of the person who is to be the patient’s after-care officer after the order comes into force; and

(d) subject to section 35C(1) of this Act, the period for which the responsible medical officer considers the order should have effect.

(7) A community care application shall be accompanied by—

(a) two medical recommendations, in the prescribed form and complying with subsection (8) below, one of which shall be given by a medical practitioner approved for the purposes of section 20 of this Act by a Health Board as having special experience in the diagnosis or treatment of mental disorder and the other of which shall, if practicable, be given by another medical practitioner who has previous acquaintance with the patient; and

(b) a report in the prescribed form from the person who is to be the patient’s after-care officer after the order comes into force, and complying with subsection (9) below.

(8) The medical recommendations referred to in subsection (7)(a) above shall consist of statements of opinion that both the following conditions are satisfied, namely—

(a) that the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment, but that the grounds set out in section 17(1) of this Act for admission to and detention in a hospital do not apply to the patient; and

(b) that the patient requires to be subject to a community care order—

(i) with a view to ensuring that he receives medical treatment and the after-care services to be provided for him under section 8 of this Act; and

(ii) in the interests of his health or safety or with a view to the protection of other persons;

and for the purposes of subsection (7)(a) above the recommendations do not comply with this subsection unless the patient is described in each of them as suffering from the same form of mental disorder (that is to say, mental illness [F5 (including personality disorder)] or mental handicap), whether or not he is described in either recommendation as suffering also from the other form.

(9) The report referred to in subsection (7)(b) above shall include—

(a) information as to—

(i) the patient’s social circumstances;

(ii) the after-care services which are to be provided for the patient under section 8 of this Act after the order comes into force;

(iii) the care, other than medical treatment and the after-care services so provided, which is to be provided for the patient after the order comes into force; and

(b) a statement that in the opinion of the person making the report the patient requires to be subject to a community care order—

(i) with a view to ensuring that he receives medical treatment and the after-care services to be so provided; and

(ii) in the interests of his health or safety or with a view to the protection of other persons.

(10) Before making a community care application the responsible medical officer shall take such steps as are reasonably practicable to inform any person, other than the patient, who has been consulted under subsection (3)(a) or (4) above of his right, by virtue of section 35A(2) of this Act, to be heard by the sheriff regarding the proposed community care order.]

Textual Amendments

F1 Ss. 35A-35K inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)

F2 S. 35B inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)

F3 Words in s. 35B(3)(a) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(16)(a); S.S.I. 2001/81, art. 3, Sch. 2

F4 Words in s. 35B(4) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(16)(b); S.S.I. 2001/81, art. 3, Sch. 2

F5 Words in s. 35B(8) inserted (13.9.1999) by 1999 asp 1, s. 3(1)(b)

Modifications etc. (not altering text)

C1 S. 35B modified (1.4.1996) by S.I. 1996/742, arts. 1, 3, Sch. para. 2