- 26 March 2021
Under the Mental Health Act 1983 (as amended) a person can also be made subject to a community based section and this would include:
A CTO can only be made if a person has initially been detained under section 3, 37, 45A, 47 or 48 of the Mental Health Act (MHA) and where it is decided by medical professionals that the criteria under the MHA for making such an Order is met.
The criteria is that the person is suffering from a mental disorder of a nature or degree which makes it appropriate for them to receive medical treatment, that it is necessary for their health safety or for the protection of others that they receive such treatment, that it is necessary that the Responsible Clinician should be able to recall the person to hospital for treatment if required and appropriate treatment is available.
A person cannot be forced to comply with the conditions of a CTO however, if the conditions of the CTO are breached then this could lead to a recall to hospital. If this happens your doctor will have 72 hours in which to decide whether to revoke your CTO meaning that you will be back on your original detaining section (eg section 3) or to discharge you back onto your CTO. During this time you can be treated without your consent.
A CTO can last initially for up to 6 months and can be renewed for a further 6 months and then yearly thereafter.
If a person is under a CTO they have the right to appeal to the Mental Health Tribunal and or the Hospital Managers. Both are independent from the hospital and both have the power to discharge the CTO. The Tribunal can also make binding recommendations. A persons Responsible Clinician can also discharge the CTO and their Nearest Relative also has the power to request their discharge from a CTO.
A Guardianship Order can be used both as an alternative to admitting a person to hospital and as a route to discharge from hospital.
The criteria for making a Guardianship Order is that a person must be aged at least 16 and suffering from a mental disorder of a nature or degree to warrant the need for guardianship and it is necessary in the interests of the welfare of the person or for the protection of others that guardianship is used.
A Guardianship Order can provide the power to decide where a person lives (and if that person absconds from that place of residence they can be returned), to require the person to attend appointments for treatment, education or occupation, to require the person to see a Doctor, Approved Mental Health Practitioner or other medical professional at their place of residence (this does not give the power to force entry), to be given treatment for their mental disorder (only with their consent).
A Guardianship Order can last initially for up to 6 months and can be renewed for a further 6 months and then yearly thereafter.
If a person is under a Guardianship Order they have the right to appeal to the Mental Health Tribunal. The Tribunal has the power to discharge the Order. The person also has the right to appeal to the Local Authority who can discharge the order. The Responsible Clinician can also discharge the order.
To find out more information or if you require advice, assistance or representation in relation to CTO’s or Guardianship Orders please contact our expert Mental Health Team via email at email@example.com or call 01268 792994 and we will be happy to assist you further.
- 26 March 2021
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