When writing a social circumstances report I did once write in response to the question about dangerousness that it was irrelevant, as the appeal was not against a barring order. The Tribunal Judge commented that he had never seen that before in a report, but it was of course entirely correct. Having been vindicated in my view, I now simply delete the question and have never been challenged for doing so.
I leave Question 27 blank. I take the view this is a barring order question and not relevant to a Social Circumstances report as it is an issue for the Responsible Clinician, not for the humble author.
Hi, slightly down a rabbit hole and veering off topic with this subject but in relation to “dangerousness”; the MHT Practice direction around in-patient RC reports - “Explain whether the P, if discharged from hospital, would be likely to act in a manner dangerous to themselves or others” - My question is - does the word dangerous just apply to the NR discharge and barring order or more generally applicable to higher levels of risk? ie where there has not been a NR discharge and barring order but it’s just a “normal” tribunal? in the CoP paragraph 32.23 it is discussed/defined in relation to the barring order. Any thoughts welcome, thanks!
The practice direction and report proformas are misleadingly written, but as the wording reflects the statutory wording in s72 it must be intended (only) to apply to a nearest relative’s tribunal application made following a barring certificate.
If the criterion would in theory be met in other cases then the evidence for that would be relevant to the standard criteria.
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