LEGAL EAGLE: Guidelines for a patient going back in the community

A Community Treatment Order means that a person who was previously detained in hospital may receive their treatment in the community with certain conditions.

How is someone placed onto a CTO?

A patient’s responsible clinician (RC) can discharge a patient to the community while still holding the power to recall that person back to hospital, if needed.

What conditions are attached to a CTO?

There are mandatory conditions attached to all CTO’s which are: You must be available to meet your RC when your CTO is due for renewal; and You must be available for a second-opinion doctor to see you if necessary to check you are getting the right treatment.

A patient’s RC can add other conditions to your CTO which are person specific. The purpose of these conditions are to ensure patient’s receive treatment for their mental health, to prevent any risk of harm to their health or safety or to protect other people.

What happens if a patient does not comply with the conditions of their CTO?

Their RC can recall them into hospital if they breach a condition and they are concerned that their mental health is at risk.

Once brought back into hospital the patient’s RC will have 72 hours to decide whether to discharge them back onto their CTO or revoke their CTO and put them on a section. If the CTO is revoked the case will be automatically referred for a Mental Health Tribunal.

How can a patient appeal their CTO?

Patients can apply to the Mental Health Tribunal (MHT) for discharge of their CTO once during each renewal period. This means that they can apply once during the first six months, once during the following six months and once during each 12-month period after that.

Patients can appeal against the CTO to the hospital managers at any time.

If you would like further advice on any of the above please contact Ben Hoare Bell LLP solicitors in 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.