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Information for Health and Social Care Trusts

Article 107 of the Mental Health Order [Northern Ireland] 1986 places a statutory duty upon the Trust (or Nursing Home or RQIA) to notify OCP of any person within its area who is incapable by way of mental disorder of managing their property and affairs when arrangements in that behalf have neither been made nor are being made.

There are two key documents that must be filed with the Article 107 Referral. 

Medical Certificate of the person’s mental incapacity to manage his/her property and affairs; according to Article 97(1) the Court has to consider medical evidence in order to be satisfied that a person is incapable. This is because there is a common law presumption of capacity, and medical evidence is required to rebut that presumption.
A Social Work Report must also be submitted and this should include the individual’s personal details, names of next of kin, financial details and action required by the Court.  A checklist is available which should be used as a template for the Report.

If the medical evidence or Social Work Report does not accompany the Article 107 Notice, the referral will be incomplete and may be returned to the Trust. The time limit for notification is within 14 days from first ascertainment of incapacity of the Patient and of the informant being satisfied that notification of the case is appropriate pursuant to Article 107.

Please provide all relevant supporting documents.

Please state what Court Power (Article 98) or Court Order/Direction (Article 99) you wish the Court to exercise in respect of the property or affairs of that person, and if any urgent action is required.

Please advise OCP if Court authority is required to permit a named Trust Official to make suitable inquiries to find out what the person’s property and assets are.


The Article 107 Notice, Checklist and blank Form F5 Medical Certificate are provided below in Word and PDF formats.