While CTOs can facilitate a smoother transition back into society, they also come with conditions that may impact your freedom and choices. Understanding your rights and having access to expert legal guidance is essential if you or a loved one are facing a CTO.
At Garratts, our experienced mental health solicitors are dedicated to providing compassionate and effective support throughout the CTO process.
What is a Community Treatment Order (CTO)?
A CTO is a legal order made by a Responsible Clinician with the agreement of an Approved Mental Health Professional (AMHP) that allows for the continued treatment and supervision of a person with a mental disorder in the community.
It is typically used when a person is well enough to leave hospital but still requires ongoing treatment and support to prevent relapse or deterioration in their mental health. CTOs are only available for patients who have been detained in hospital under certain sections of the Mental Health Act, typically Section 3 or certain unrestricted Part 3 patients.
For a CTO to be imposed, certain conditions must be met:
- The individual must be suffering from a mental disorder of a nature or degree that warrants their detention in hospital for treatment.
- Appropriate medical treatment must be available for the individual’s condition.
- It is necessary for the individual’s health or safety, or for the protection of others, that they receive treatment in the community.
- It must be necessary for the Responsible Clinician to be able to recall the patient to hospital if needed.
While CTOs can enable individuals to live more independently, it is important to understand that they come with specific conditions that must be adhered to.
The CTO Process From Assessment to Review
The CTO process typically involves the following stages:
- Assessment: A multidisciplinary team, including a Responsible Clinician, will assess your suitability for a CTO based on your mental health condition, treatment needs, and ability to engage with community-based care.
- Implementation: If a CTO is deemed appropriate, it will outline specific conditions you must follow. These may include:
- Attending appointments with your mental health team
- Taking prescribed medication
- Residing at a specific address
- Abstaining from alcohol or drugs
- Review: CTOs are subject to regular reviews by a Mental Health Tribunal or the Responsible Clinician. These reviews assess your progress and consider whether the CTO should continue or revoked.
Your Rights Under a Community Treatment Order
Being subject to a CTO does not mean you lose all control over your treatment and care. In fact, you retain important rights such as:
- Right to information: You have the right to be informed about your CTO, its conditions, and your treatment plan.
- Right to appeal: You can appeal a CTO or its conditions to a Mental Health Tribunal.
- Right to advocacy: You have the right to have an independent mental health advocate support you throughout the process.
- Right to refuse treatment: In some circumstances, you can refuse certain treatments, though this may have implications for your CTO.
- Right to a second opinion: After three months, you have the right to a second opinion on medication.
Frequently Asked Questions (FAQs)
How long can a CTO last?
A CTO can initially last up to six months. It can then be renewed for a further period of up to 6 months. After this it can be renewed at yearly intervals.
What happens if I don’t comply with the conditions of my CTO?
Non-compliance could lead to a recall to hospital for assessment and potential further detention.
Can I appeal against a CTO?
Yes, you have the right to appeal to a Mental Health Tribunal.
How can Garratts help me if I’m on a CTO?
We can provide legal advice, represent you or your loved one at hearings, and advocate for your rights and best interests.
