# "Dangerousness" in tribunal reports

**URL:** <https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512>\
**Category:** Mental Health Tribunal\
**Tags:** dangerousness\
**Created:** [4 November 2022 11:31 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512 "2022-11-04T11:31:18Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Stephen\_Ward](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/a88e57/32.png) [@Stephen\_Ward](https://forum.mentalhealthlaw.co.uk/u/Stephen_Ward)\
**Post date:** [4 November 2022 11:31 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512/1 "2022-11-04T11:31:18Z")

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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.

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**Author:** ![MHProfessional](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/2bfe46/32.png) [@MHProfessional](https://forum.mentalhealthlaw.co.uk/u/MHProfessional)\
**Post date:** [4 November 2022 11:49 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512/2 "2022-11-04T11:49:28Z")

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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.

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**Author:** ![JuliaM](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/73ab20/32.png) [@JuliaM](https://forum.mentalhealthlaw.co.uk/u/JuliaM)\
**Post date:** [8 March 2023 15:15 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512/3 "2023-03-08T15:15:34Z")

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Hi, slightly down a rabbit hole and veering off topic with this subject but in relation to “dangerousness”; the [MHT Practice direction](https://www.mentalhealthlaw.co.uk/Practice_Direction:_First-tier_Tribunal_Health_Education_and_Social_Care_Chamber:_Statements_and_Reports_in_Mental_Health_Cases_(28/10/13)) 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!

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [8 March 2023 23:26 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512/4 "2023-03-08T23:26:58Z")

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The practice direction and report proformas are misleadingly written, but as the wording reflects the statutory wording in [s72](https://www.mentalhealthlaw.co.uk/MHA_1983_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.