Statutory Instruments of the Scottish Parliament

(a) the reasons for the use of compulsory powers;

(b) the views of the patient with respect to the use of compulsory powers;

(c) if the patient is unable to give a view, and only if available to the mental health officer, the views of the patient's named person, carer, guardian and welfare attorney with respect to the use of compulsory powers;

(d) the patient's state of mental health;

(e) the patient's state of physical health;

(f) the patient's mental health history;

(g) an assessment of the risk of harm to the patient and to others;

(h) the patient's personal history including details of employment, finances and accommodation prior to the use of compulsory powers;

(i) details of the patient's family situation including whether the patient has children, dependents and caring responsibilities;

(j) details of the patient's regular social contacts;

(k) the patient's ability to care for himself or herself;

(l) the care being provided to the patient prior to the use of compulsory powers;

(m) any matters which would require the local authority to make inquiries into the patient's case under section 33 of the Mental Health (Care and Treatment) (Scotland) Act 2003;

(n) any alternatives to the use of compulsory powers which were considered and ruled out;

(o) any history of offending, including consideration of victims and those affected;

(p) any history of substance misuse;

(q) ethnic, cultural and religious factors;

(r) whether the patient has difficulty in communicating; and

(s) any plan which has been put in place to deal with any of the above.

RHONA BRANKIN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
6th June 2005