The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

Procedure for and records relating to community treatment orders

6.—(1) For the purposes of section 17A (community treatment orders)—

(a) an order made by the responsible clinician shall be in the form set out in Parts 1 and 3 of Form CTO1;

(b) the agreement of the approved mental health professional shall be in the form set out in Part 2 of Form CTO1;

(c) as soon as reasonably practicable, the responsible clinician shall furnish the managers of the responsible hospital with that order.

(2) For the purposes of section 17B (conditions in community treatment orders)—

(a) the conditions to which the patient is subject whilst the order remains in force shall be in the form set out in Form CTO1;

(b) a variation of any of those conditions by the responsible clinician shall be in the form set out in Form CTO2;

(c) as soon as reasonably practicable, the responsible clinician shall furnish the managers of the responsible hospital with Form CTO2.

(3) For the purposes of section 17E (power to recall a community patient to hospital)—

(a) a responsible clinician’s notice recalling a patient to hospital shall be in the form set out in Form CTO3;

(b) as soon as reasonably practicable, the responsible clinician shall furnish the managers of the hospital to which the patient is recalled with a copy of the notice recalling the patient to hospital;

(c) where the patient is recalled to a hospital which is not the responsible hospital, the responsible clinician shall notify the managers of the hospital to which the patient is recalled in writing of the name and address of the responsible hospital;

(d) the managers of the hospital to which the patient is recalled shall record the time and date of the patient’s detention pursuant to that notice in the form set out in Form CTO4.

(4) Where the patient’s responsible hospital is in Wales, the patient’s recall shall be effected in accordance with Regulations made by the Welsh Ministers to similar effect for Wales.

(5) A responsible clinician’s notice recalling a patient to hospital for the purposes of section 17E (power to recall a community patient to hospital) in Form CTO3 shall be served by—

(a) delivering it by hand to the patient,

(b) delivering it by hand to the patient’s usual or last known address, or

(c) sending it by pre-paid first class post addressed to the patient at the patient’s usual or last known address.

(6) Notice of recall in Form CTO3 is considered served—

(a) in the case of sub-paragraph 5(a), immediately on delivery of the notice to the patient;

(b) in the case of sub-paragraph 5(b), on the day (which does not have to be a business day) after it is delivered;

(c) in the case of sub-paragraph 5(c), on the second business day after it was posted.

(7) As soon as practicable following the patient’s recall, the managers of the responsible hospital shall take such steps as are reasonably practicable to—

(a) cause the patient to be informed, both orally and in writing, of the provisions of the Act under which the patient is for the time being detained and the effect of those provisions, and

(b) ensure that the patient understands the effect, so far as is relevant to the patient’s case, of sections 56 to 64 (consent to treatment).

(8) For the purposes of section 17F (powers in respect of recalled patients)—

(a) an order referred to in subsection (4) (responsible clinician’s order revoking a community treatment order) shall be in the form set out in Parts 1 and 3 of Form CTO5;

(b) a statement of an approved mental health professional referred to in that subsection (signifying agreement with the responsible clinician’s opinion and that it is appropriate to revoke the order) shall be in the form set out in Part 2 of Form CTO5;

(c) as soon as practicable, the responsible clinician shall furnish the managers of the hospital to which the patient is recalled with that Form;

(d) where the patient is recalled to a hospital which is not the responsible hospital, the managers of that hospital shall (as soon as reasonably practicable) furnish the managers of the hospital which was the patient’s responsible hospital prior to the revocation of the patient’s community treatment order, with a copy of Form CTO5.