What to do with incomplete social circumstances report

Law and practice Mental Health Tribunal
1

My client does not have capacity under Section 2 (first admission). However, in the Social Circumstances Report, Question 2 (“Factors affecting the client’s hearing”) is answered “No.”

Question 4 provides some details of forensic history.

Question 5 includes limited information.

Question 6 (“Family and home circumstances”) is answered “Unknown.”

Question 7 states that the client can return home, but the nearest relative’s views were not obtained at admission, nor were the client’s own views recorded.

Questions 8 and 9 are left blank.

Question 10 refers to Section 117 and previous care, noting that the client appears to lack insight into their mental state, although they accept medication.

Question 11 is unanswered, and Question 12 (“Proposed care plan”) mentions that the risk assessment is ongoing and supervision is required.

Questions 16, 17, 18, 19, 21, 22, 25, 26, and 28 are either incomplete or unanswered.

Question 25 states “Yes, complete assessment,” but the report does not make any recommendations to the Tribunal.

Overall, this report does not meet the requirements for an inpatient Social Circumstances Report.

Given the gaps and incomplete information, the best course of action would be either:

  • to request an updated report addressing the missing sections before the Tribunal hearing, or

  • if that cannot be completed in time, to seek an adjournment in the client’s best interests so that a full and accurate report can be submitted.

2

You could always request an updated report from the MHAA, pointing out the current report doesn’t meet the relevant practice direction. Realistically, given the current state of HMCTS you’d be hard-pressed to get directions for an updated report within the timeframe you’d need.

You’ll know this case better than any of us, but I would only postpone in exceptional circumstances. It’s not unusual for Tribunals to go ahead with no social circumstances report - there will be someone at the hearing to give oral evidence about any questions you or the panel have.

There was a time about 18 months ago when I had 5 Section 2 hearings in a row with no social report or representative in attendance. We pressed ahead, and several were discharged. If you think social evidence could impact the decision - you could ask to adjourn on the day (is information ‘capable of affecting’ the decision on the criteria). If not, the Tribunal should go ahead.

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3

I broadly agree that you should look at this on the day but it is something to consider with your client. A good social report can give valuable evidence which may assist the client. I am always irritated when tribunals insist on pushing ahead without social evidence because it is a s2. If the client is likely to be made subject to s3 you can request a postponement past the end date of the s2 if the client agrees to this. They obviously retain their right of appeal under the s3.

4

Considering Zac’s points and yours, Sokolkemma.

What it comes down to is - the quality of the oral evidence.

If you have witnesses who can provide the type of supporting evidence needed to fill in the gaps within the SC report - then it might be better to proceed without it. Given that you have noted your client lacks capacity - if the report is completed with recommendations - the social worker might advise that your client should not be released, which may work against them.

If the quality of the oral evidence is solid then go without. If not - then in my view - it might be a safer option to correct the SC report.

But as Zac rightly says - you are best positioned to consider all of the variables and are best to judge what you feel will get you the outcome that both you and your client are seeking.