Community Treatment Orders (CTOs) - Ending CTO
How will my community treatment order end?
Your community treatment order (CTO) can end in a number of ways. Your CTO will end because when you don’t meet the criteria anymore or it runs out. The following people can discharge you.
- Your responsible clinician (RC)
- Mental Health Review Tribunal
- Hospital Managers
- Nearest relative
Your RC should discharge you straight away if you do not fit the CTO criteria any more. The criteria for a CTO are explained here.
A CTO will also end if it is revoked. This is explained in more detail here.
If your CTO is revoked the hospital managers will refer your case to a Mental Health Review Tribunal. The Tribunal will decide if it was the correct decision to revoke your CTO.
Your nearest relative can write to the hospital managers to discharge you from your CTO. It will take up to 72 hours for your nearest relative (NR) to discharge you. Your RC can stop you from being discharged if they think you are likely to be dangerous to yourself or there people.
The nearest relative (NR) is a term that is defined under the Mental Health Act. The NR has certain rights under the Mental Health Act. Most people will have a nearest relative. The NR and the ‘next of kin’ are not the same. They can be two different people.
You can find out more information below about:
Can I end my community treatment order (CTO)?
You can challenge the decision to be on a CTO if you do not agree with it. You can do this in 2 different ways:
- Apply to the Mental Health Tribunal
- Ask for a Mental Health Act Hospital Manager’s review
Mental Health Review Tribunal (MHRT)
The Mental Health Review Tribunal is an independent panel that can discharge you from the Mental Health Act. The tribunal hearings take place at the hospital. The tribunal has to decide if you fit the criteria for being under a section of the Mental Health Act or not.
You can apply to the MHRT 1 time in the first 6 months of your CTO. After this you can apply once every time doctors renew it. The same rules apply if you want to appeal your CTO being revoked.
If you appeal to the tribunal, you are entitled to free legal support through the Legal Aid scheme. A solicitor who understands the Mental Health Act will come to the MHRT with you.
You can get a list of mental health solicitors from the ward staff. If you don’t want to do that you can look on the law society website. They have a database of solicitors that you can search. You can find this at http://solicitors.lawsociety.org.uk/
You can also get help from an Independent Mental Health Advocate (‘IMHA’). They can tell you about your rights under the Mental Health Act and help you to put your views across. For example, they could help you apply to the tribunal or find a solicitor. Staff on your hospital ward should give you details of an advocacy service.
You can apply to the hospital managers of the responsible hospital at any time. Hospital managers make sure that the Mental Health Act is properly used. The responsible hospital is the hospital that is in charge of your CTO. The hospital managers can discharge you from your CTO.
You can find out more information on:
- Mental Health Tribunal and hospital managers here.
- How to find an advocate here.
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