PART 14ADMISSIONS, EVIDENCE AND DEPOSITIONS

Section 49 reports

Reports under section 49 of the Act14

1

This rule applies where the court requires a report to be made to it under section 49 of the Act.

2

It is the duty of the person who is required to make the report to help the court on the matters within that person's expertise.

3

Unless the court directs otherwise, the person making the report must—

a

contact or seek to interview such persons as the person making the report thinks appropriate or as the court directs;

b

to the extent that it is practicable and appropriate to do so, ascertain what P's wishes and feelings are, and the beliefs and values that would be likely to influence P if P had the capacity to make a decision in relation to the matters to which the application relates;

c

describe P's circumstances; and

d

address such other matters as are required in a practice direction or as the court may direct.

4

The court will send a copy of the report to the parties and to such persons as the court may direct.

5

Subject to paragraphs (6) and (7), the person who is required to make the report may examine and take copies of any documents in the court records.

6

The court may direct that the right to inspect documents under this rule does not apply in relation to such documents, or descriptions of documents, as the court may specify.

7

The court may direct that any information is to be provided to the maker of the report on an edited basis.