Adults with Incapacity Amendment Act: consultation
Sheriff discretion to consider Mental Health Officer reports outwith 30 days limit
At present the sheriff has discretion to consider an application if the medical reports are out with the 30 day limit. This is only if the sheriff is satisfied there has been no change in circumstance since the examination and assessment was carried out
We think the same discretion should be afforded to the sheriff in the case of mental health officer reports. Presently we know of occasions when a report is just over the 30 day limit, with no change of circumstance. But the rigidity of the legislation requires a whole new report to be compiled, with the accompanying delay.