mental health act (sop-07) community treatment orders …

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MHA SOP 07 CTOs Page 1 of 12 Version 2.2 Oct. 2019 Standard Operating Procedure (SOP 07) Community Treatment Orders Why we have a procedure? A Community Treatment Order (CTO) is part of the Mental Health Act that was introduced to enable some patients who are detained under longer sections of the Act to leave hospital to be supervised and treated safely in the community. Some people with a mental disorder have a history of disengaging from services or an illness where they frequently relapse leading to readmission to a hospital. A CTO is intended to help them to remain well and stable outside of hospital and to promote recovery. A Community Treatment Order provides a framework for managing patients safely in the community and gives their responsible clinician the power to recall them to hospital to assess and continue the treatment there if necessary. What overarching policy the procedure links to? Mental Health Act Policy Which services of the trust does this apply to? Where is it in operation? Division Inpatients Community Locations Mental Health Services all Learning Disabilities Services all Children and Young People Services all Corporate Services Who does the procedure apply to? Medical staff Mental Health Act Office administrative staff Ward Managers and qualified nursing staff Associate Hospital Managers When should the procedure be applied? A CTO is not an alternative option to admission because it can only be offered after a person has been detained. Before a CTO can be considered, it must be established that the patient is eligible. The patient must be either “detained” or “Liable to be Detained” under section 3 or one of the unrestricted Part 3 (forensic) sections l isted in the Act. They do not have to be in hospital, so a CTO can commence when someone has already gone home on Section 17 leave. If someone is sent home on Section 17 leave

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MHA SOP 07 CTOs Page 1 of 12 Version 2.2 Oct. 2019

Standard Operating Procedure (SOP 07)

Community Treatment Orders

Why we have a procedure?

A Community Treatment Order (CTO) is part of the Mental Health Act that was introduced to enable some patients who are detained under longer sections of the Act to leave hospital to be supervised and treated safely in the community. Some people with a mental disorder have a history of disengaging from services or an illness where they frequently relapse leading to readmission to a hospital. A CTO is intended to help them to remain well and stable outside of hospital and to promote recovery. A Community Treatment Order provides a framework for managing patients safely in the community and gives their responsible clinician the power to recall them to hospital to assess and continue the treatment there if necessary.

What overarching policy the procedure links to? Mental Health Act Policy

Which services of the trust does this apply to? Where is it in operation?

Division Inpatients Community Locations

Mental Health Services all

Learning Disabilities Services all

Children and Young People Services all

Corporate Services

Who does the procedure apply to?

• Medical staff Mental Health Act Office administrative staff Ward Managers and qualified nursing staff Associate Hospital Managers

When should the procedure be applied?

A CTO is not an alternative option to admission because it can only be offered after a person has been detained. Before a CTO can be considered, it must be established that the patient is eligible. The patient must be either “detained” or “Liable to be Detained” under section 3 or one of the unrestricted Part 3 (forensic) sections listed in the Act. They do not have to be in hospital, so a CTO can commence when someone has already gone home on Section 17 leave. If someone is sent home on Section 17 leave

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and it is anticipated that their period of leave will exceed seven days, then the responsible clinician must consider the option of using a CTO and document their decision in the notes. A patient does not have to explicitly agree to be placed on a CTO but for it to work the patient needs to understand and co-operate so a lack of agreement might well be an indicator that it is not yet appropriate.

How to carry out this procedure

Care Planning The success of a CTO will depend on having all the components in place so before the application is completed on Form CTO1 there should be a clear care plan agreed between all the partners providing care. This will include aftercare which patients on a CTO are entitled to under section 117 of the Act. If a patient is to be placed under the care of a different responsible clinician in the community, this clinician and the multi-disciplinary team should be fully involved in and agree with the care plans and the conditions needed to deliver a CTO safely. The Mental Health Act Office should be informed of any changes made to the team responsible for the patient in the community. Medication Community Patients receive their mental health medication free if prescribed through primary care trust and mental health trust pharmacies. They do not receive it free via ordinary community pharmacies (unless exempt on other grounds). Efforts should be made to minimise the cost to the patient by ensuring that drugs are dispensed via the hospital pharmacy route wherever possible. Approved Mental Health Professional’s agreement A CTO should be part of the normal multi-disciplinary process. Once the responsible clinician decides to progress with a CTO then an Approved Mental Health Professional (AMHP) needs to be contacted early on in the process through the established rota system to ensure a timely outcome. AMHPs are mental health professionals who have been approved by a local social services authority to carry out duties under the Mental Health Act. They may be social workers, nurses, occupational therapists or psychologists.

The role of the AMHP is to agree that the criteria for the CTO are met and that it is appropriate for this patient. This will usually involve the AMHP interviewing the patient before agreement is given. They will also seek to involve carers, family members and other people who have an interest in the patient’s welfare (unless there are particular reasons to the contrary) and listen to their views before making their decision. Mandatory Conditions There are two mandatory conditions that apply to all Community Treatment Orders:

• The patient must make themselves available for examination by the responsible clinician so that they can consider if the CTO should be extended, and

• To make themselves available to see a Second Opinion Appointed Doctor if they are asked to do so. As the term indicates, this is a doctor who is called for a second opinion to decide whether they agree with the treatment of a patient detained under

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the Mental Health Act, who either refuses treatment or is deemed incapable of consenting

It is very important the patient understands these two mandatory conditions and what will be required of them. For continuation of treatment in the community the responsible clinician will provide a certificate (Form CTO12) that the patient has capacity to consent (or if under 16 is competent to consent) and has done so. When a CTO patient either does not consent or is not able to consent to the treatment in the community the Second Opinion Appointed Doctor will complete a CTO11 form which has provision to specify treatment upon recall as well. If one or both of the mandatory conditions are broken, this is sufficient grounds for the responsible clinician to consider recalling the patient. Other Conditions The Responsible Clinician can, with the Approved Mental Health Professional’s agreement, set other conditions e.g. attending appointments for treatment, attending activities or therapy, having to live in a certain place. These will be designed to ensure that the patient continues to receive treatment in the community, to prevent risk of harm to the patient and to protect other people. Failure to adhere to these other conditions would not, of itself, give grounds to recall a patient to hospital though they would be part of the mix of factors that might lead a responsible clinician to decide that recall was necessary. All the conditions should be set out on the application Form CTO1. These conditions should: - be kept to a minimum number consistent with achieving their purpose - restrict the patient’s liberty as little as possible and be consistent with their care plan

and recovery goal - have a clear rationale, linked to one or more of the purposes set out in paragraph

29.28 of the Code of Practice and - be clearly and precisely expressed so the patient can readily understand what is

expected Variation of Conditions The setting of conditions can prove decisive in the success of a CTO and they should be agreed at the start and varied as little as possible so that the patient and the rest of the multi-disciplinary team are fully aware of the conditions and the effects of breaking them. Although the responsible clinician does not need an AMHP’s agreement to vary conditions, they should not impose conditions to which the AMHP is not in agreement. Once a patient has been placed on a CTO, some of the original conditions may not be appropriate or other conditions may seem necessary e.g. after the start of an order it is decided that in order to remain well, a patient should attend an activity which was not available when the original application CTO1 was completed. The responsible clinician can vary the conditions with the agreement of the multi-disciplinary on Form CTO2 and forward this to the Mental Health Act Office. The responsible clinician can temporarily suspend some of the conditions (the mandatory conditions cannot be suspended). Any such suspensions should be

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discussed with and agreed by both the patient and the multi-disciplinary team. There is no statutory form for this purpose so the responsible clinician should record their suspension in writing, with a copy to the patient, carer (if appropriate), the care team and the Mental Health Act Office stating the length of time of the suspension. Community Treatment Order Documentation Staff in the Mental Health Act Office can provide advice on completing the relevant forms where necessary as significant errors or inadequacies may render patients’ CTOs invalid, and errors in recall notices or revocations may invalidate hospital managers’ authority to detain. The Responsible Clinician has to complete part 1 of the application Form CTO1 and the Approved Mental Health Professional will then complete Part 2. The Responsible Clinician can then complete Part 3. NB: the dates of these 3 parts must either be on the same day or in the correct order e.g. the date for Part 3 cannot be before Part 2. The commencement date of the CTO can be set in the future and it is good practice to allow 7 clear working days to allow for the form to be delivered to and checked by the Mental Health Act Office. A scanned copy can be sent by secure email or fax to save time with the original copy sent through the internal post. Other considerations The Community Treatment Order removes from the Hospital Managers the power to detain the patient as they no longer categorised as “detained” or “liable to be detained”. The section 3 (or forensic section) under which the patient was detained still exists in the background but it has in effect been frozen. However, the patient does not have to leave hospital immediately. If the patient remains in hospital they do so on an informal basis. Under section 133 of the Act, Hospital Managers have a duty to inform the nearest relative when someone is discharged from being detained. In practice, the Mental Health Act Office will inform the nearest relative in writing and professionals working with the patient will provide this information verbally to the nearest relative and carer at least 7 days before the CTO commences wherever possible. Procedure for Recall to Hospital If the responsible clinician concludes the CTO is not working and there is evidence of relapse or high risk behaviour, they may recall the patient to hospital to receive treatment for mental disorder (either as an in-patient or as an out-patient), or there is a risk of harm to the health or safety of the patient or to other persons if the patient were not recalled. While responsibility for making the decision to recall resides with the responsible clinician in most circumstances this decision will be taken in conjunction with the patient’s care co-ordinator and the wider multi-disciplinary team. The patient can be recalled to an in-patient ward or to a hospital for out-patient treatment. This would not include out-patient sessions held anywhere other than a hospital. The hospital to which the patient is recalled does not need to be the same one the person was detained under. Where it is a different hospital, the responsible clinician will provide the Mental Health Act Office and senior nurse/manager on duty with details of this hospital.

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The responsible clinician is responsible for co-ordinating the recall procedure usually in conjunction with the care co-ordinator, members of the multi-disciplinary team and allocated members of the Crisis/Home Treatment team. Discussions will be required as how best to proceed and include the following:

Who should serve the paper? How many people should be involved? Where and when should the recall notice be served? Will there be a negotiation with the patient about when they should be admitted? To which hospital should the patient be recalled? Who is responsible for arrangements around securing dependents/residence/pets/

if required?

The recall process should be as non-threatening as possible and the process of getting the patient to hospital will usually be a matter for negotiation. The least restrictive manner possible should be used and if appropriate, the patient may be accompanied by a family member, carer or friend. Please refer to Chapter 17 of the Code of Practice for further guidance. Recall should not involve the police until other methods have failed and the patient is declared Absent without Leave in which case refer to the AWOL policy. The responsible clinician will complete the written notice of recall (Form CTO3). The recall only becomes effective when it has been served on the patient. Wherever possible the notice should be handed to the patient personally. It would not usually be considered appropriate to post a notice of recall to the patient except perhaps where a patient has failed to attend for a non-urgent medical examination. In this instance, first class post should be used as the notice will be deemed to be served on the second working day after posting. Sufficient time must be allowed for the patient to receive the notice before any action is taken. Where the need for recall is urgent, which will usually be the case; it is important that there is certainty as to the timing of delivery of the notice. A notice handed to the patient is effective immediately. It may not be possible to achieve this if the patient’s whereabouts are unknown or if the patient is unavailable or simply refuses to accept the notice. In that event the notice should be delivered by hand to the patient’s usual or last known address. The notice is then deemed to be served (even though it may not actually be received by the patient) on the day after it is delivered – that is, the day (which does not have to be a working day) beginning immediately after midnight following delivery. It is important that people involved in the patient’s care are notified that a recall notice has been served especially if the person has gone absent without leave i.e. the patient’s GP and any other agencies that may have contact with this person. The Mental Health Act Office should also be notified once a recall notice has been served. If the patient’s whereabouts are known but access to the patient cannot be obtained, it may be necessary to consider whether a warrant issued under section 135(2) is needed. If there are predictable risks of violence then consideration for a warrant should be considered even if access to the property is not a problem.

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It does not have to be an approved mental health professional that applies for a warrant. The most appropriate person would be the patient’s care co-ordinator or someone within the multi-disciplinary team but it can be initiated by any person authorised by the Hospital Managers i.e. the Trust. When a warrant is to be served it is good practice for the person accompanying the police to be a member of the multi-disciplinary team responsible for the patient’s care. The patient should be told why they are being detained, taken or retaken, before the warrant is actioned. Where a patient has been admitted to hospital informally while on a CTO and it becomes clear they meet the conditions for recall, the responsible clinician should follow the normal procedure for recall. At the time the recall notice is given to the patient, they will no longer be treated as an informal patient. Holding Period The completion of Form CTO3 to recall a patient to hospital gives the managers of the relevant hospital the power to detain them for a maximum of 72 hours. The 72 hours is calculated from the time of detention at the hospital not from the time of the recall notice to allow the responsible clinician to determine what should happen next. During this period the patient remains on a Community Treatment Order although they will be subject to part 4 (Consent to Treatment) for treatment purposes. The Responsible Clinician may allow the patient to leave at any time within the 72 hr period. Once 72 hours from the time of admission have elapsed, the patient must be allowed to leave if the Responsible Clinician has not revoked the Community Treatment Order. Where a patient has been AWOL for less than 28 days, the CTO can continue as if he/she had not been absent. If the patient was absent for 29 days or more, the responsible clinician has one week to carry out the process of extending the CTO. Out of Hours Recall Process The Crisis/Home Treatment Team will co-ordinate the recall process out of hours. The Consultant on call will have responsibility of authorising the recall. The particular circumstances at the time will determine whether it is necessary for the on call Consultant to attend in person. The patient’s responsible clinician will need to sign the Recall Form (Form CTO3) and send it via fax or secure e-mail to provide the professional’s involved, 2nd Tier on call, Crisis/Home Treatment staff with the authority to action it and convey the patient to hospital. Upon arrival at the hospital, the senior nurse will require of a copy of the recall notice to accept the patient and will complete form CTO4 to confirm acceptance and forward both papers to the Mental Health Act Office. Nursing staff will provide the patient with the relevant information on recall from a CTO. The senior nurse will contact the Emergency Duty Team (Wolverhampton) or Crisis Team (Sandwell) to request an AMHP to undertake a joint assessment of the patient with the inpatient responsible clinician. This assessment must take place within 72 hours of arrival. Recall – Transfer to another Hospital It’s possible to transfer a patient from the hospital to which they have been recalled to another hospital. This could be when a responsible clinician has recalled the patient to

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hospital for out-patient treatment but it then becomes apparent the patient needs to be admitted to a ward for further assessment. This may require transfer to another hospital where a bed is available. Transfers can also take place between different hospitals if a patient becomes ill and is recalled while a long way from home. The Trust’s Bed Management Team will confirm that there is a bed available at the receiving hospital and that all arrangements have been made for the patient’s admission. The person overseeing the transfer will fill in the first part of Form CTO6 and send it with the original Form CTO4 to the receiving hospital so that it arrives with the patient. Photocopies are to be taken and forwarded to the Mental Health Act Office. Revoking a Community Treatment Order A CTO can only be revoked while the patient is detained in hospital after a recall. Usually recall will have enabled the necessary assessment to have taken place, treatment given and the patient is often released well before the 72 hours has expired. Once the period of 72 hours comes to an end without a revocation, the patient has to be released and cannot be detained using section 5(2) or 5(4). However, if the arrangements for their treatment in the community are not working the responsible clinician may consider that they need to remain in hospital for more than 72 hours and contact an AMHP via the rota system. The revoking of a CTO can only place if the responsible clinician concludes the patient fulfils the criteria for detention under Section 3 and an AMHP agrees both that the criteria are met and that it is appropriate to revoke the order. Form CTO5 will be completed to confirm the decision and sent to the Mental Health Act Office, who will ensure this is referred to a mental health tribunal without delay. Where a patient was detained in a different hospital prior to the start of the CTO, a copy of Form CT05 will need to be sent to the managers of this hospital. The revoking of the CTO revives the authority of the hospital managers to detain the patient initially for 6 months, then 6 more months, then a year as if it was a new section 3, regardless of how long the patient may have been on a CTO for. If an AMHP does not agree that a CTO should be revoked, then the patient cannot be detained in hospital after the end of the maximum recall period of 72 hours. The patient will continue to remain on a CTO. A record of the AMHP’s decision and the full reasons for it should be kept in the patient’s notes. It would not be considered appropriate for the responsible clinician to approach another AMHP for an alternative view. Section 136 and Other Admissions The police may arrest a person using section 136 and bring them to the place of safety where it is established that they are on a Community Treatment Order. The patient should be assessed to determine whether they need additional support to enable them to be released back into the community or whether they require admission and can be admitted informally. If it is determined that the patient cannot be admitted informally it will be necessary for the responsible clinician to use recall powers (out of hours this will be the on call consultant). Section 2 Admission If a person is detained under section 2 and the assessing teams are initially unaware of the person’s CTO status once it has been confirmed the person is on a CTO then the responsible clinician should assess the patient to determine the most appropriate option. This could be to discharge the section 2 so the patient can continue on the

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CTO, informal admission (under CTO) if the patient agrees to this, or to recall the patient to assess whether it is necessary to revoke the CTO. Section 3 Admission An application under section 3 should not be made for a known CTO patient. If a person is detained under section 3 because the assessing team is unaware that the person is on CTO this will invalidate the CTO unless the patient was originally detained under one of the court (Part 3) sections. Legal advice may be sought. New orders or Directions under Part 3 Admission to hospital as a result of a court order, hospital order, hospital and limitation direction or transfer direction, or being given a guardianship order under Part 3 will invalidate the Community Treatment Order. However if a court order (or the conviction on which it was based) is subsequently quashed on appeal section 22 will apply as if the order or direction had never happened. If less than 6 months has passed since the quashed order or direction was given, the patient automatically becomes a CTO patient again. Legal advice may be sought. Expiry and Extension of the Community Treatment Order A CTO initially expires at the end of the six months starting on the day on which it was introduced so if it is made on 1 January, it expires at the end of the 30 June. CTOs can be extended for a further six months and then for a year at a time. The Mental Health Act Office will notify the responsible clinician within the last two months of the CTO, in order for the patient to be examined in good time to decide if the criteria are met for an extension. The criteria are the same as when the patient was first placed on a CTO viz.

The patient is suffering from a mental disorder of a nature or degree which makes it appropriate for them to receive medical treatment

It is necessary for the patient’s health or safety or for the protection of others that the patient should receive this treatment and it can be provided without the patient being detained in hospital

Appropriate medical treatment is available for the patient outside of hospital The responsible clinician is able to exercise the power under section 17E(1) of the

Act to recall the patient to hospital

If the responsible clinician is not a doctor, they must consult a doctor to ascertain that the first criteria are still met. While the decision to extend a CTO is the responsibility of the responsible clinician, it cannot be extended without the agreement of an Approved Mental Health Professional. While it does not have to be the same AMHP that was involved in the initial order, if that AMHP is available, or there is an AMHP in regular contact with the patient that is preferable to requesting an AMPH from the rota. The responsible clinician will consult with at least two other professionals involved in the patient’s treatment. The proper forum for this decision is the multi-disciplinary team meeting and all decisions to extend a CTO should be discussed openly in the team. The role of the AMHP is to act on behalf of the Local Social Services Authority. If the patient comes from another local authority area, the responsible clinician needs to ensure that an AMHP from that authority is involved in the extension.

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The AMHP must be satisfied that the criteria for a CTO are met and that an extension is appropriate and the patient is not kept on an order longer than is required. The responsible clinician will confirm their intention to extend the CTO and the AMPH their agreement by completing Form CTO7. Part 1 and 3 of the form is completed by the responsible clinician and Part 2 is completed by the AMPH. The three parts should ideally be dated on the same day but if not part 1 should be dated before part 2 and part 3 dated either the same day as part 2 or after it. Form CTO7 should be sent to the Mental Health Act Office at least 7 working days before the expiry date to allow time to check the form for errors and to arrange a Hospital Managers’ Hearing. It is the responsibility of associate hospital managers to consider discharging the patient whenever a Form CTO7 is received extending a CTO. Discharge from a Community Treatment Order A CTO should not simply be allowed to lapse. Patients on a CTO may be discharged in the same way as detained patients, by a Mental Health Tribunal, Hospital Managers’ Hearing, or (for part 2 patients) the nearest relative. The responsible clinician may also discharge a patient on a CTO at any time if they no longer meet the criteria for the order. The Responsible Clinician does not require agreement from other professionals but discharge should normally follow discussion with a multi-disciplinary team. The reasons for discharge should be explained to the patient and any concerns raised by the patient, the nearest relative or any carer should be considered and dealt with as far as possible. Prior to discharge the team should ensure that any after-care services the patient continues to need under Section 117 of the Act will be available. There is no statutory form to discharge a CTO. The Responsible Clinician orders the discharge by completing an in house CTO discharge form and by informing the patient, carer (if appropriate) the care team and the mental health act office in writing giving the relevant date of discharge People who Lack Capacity to Consent to Treatment If the person’s capacity to consent is in doubt, there must be an assessment of their mental capacity to make a decision about their treatment. This assessment must be properly recorded in the person’s medical records. If the assessment indicates a lack of capacity, then treatment can be authorised in the following ways: - If the person has given someone Lasting Power of Attorney for health and personal

welfare decisions, the attorney can consent to treatment on behalf of the person. The Approved Clinician in charge of the treatment must check the power of attorney to establish that it is registered and applies to health decisions rather than to financial decisions) or

- If the case has been taken to the Court of Protection there could be a deputy with the power to make health and personal welfare decisions or a single decision of the Court to cover this circumstance

The Approved Clinician can authorise treatment as long as none of the following applies: • The person has made a valid Advance Decision to Refuse Medical Treatment which

is applicable to the proposed treatment, or • There is no Attorney (set up by a Lasting Power of Attorney for health and personal

welfare) who objects to the treatment, or

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• The Court of Protection has not ruled against the treatment, or • The person seems to object to the treatment, or Force would be necessary to give

the person the treatment There are certain treatments they can only be given if they have been approved by a Second Opinion Appointed Doctor on a Part 4A certificate (CTO11, Certificate of Appropriateness of Treatment). The Mental Health Act Office will submit the application for a Second Opinion Appointed Doctor to the Care Quality Commission. Second Opinion Appointed Doctor The following guidelines should be followed to facilitate their attendance The patient’s care co-coordinator or someone appointed in their absence, will be

responsible for all arrangements, administration, organisation and servicing the meeting

The venue should provide a room for 4-5 people, for up to 2 hours with access to a computer and telephone. There should be a supply of relevant forms and patient information leaflets

The Second Opinion Appointed Doctor will require access to the patient’s medical records

The patient’s own community mental health team will be responsible for the risk assessment and for the provision of any staff necessary to manage any risks identified. An up to date copy of the risk assessment should be sent to the hosting venue, prior to the meeting, together with a risk management plan for the occasion of the meeting

Once a certificate has been completed it must be forwarded to the Mental Health Act Office. A copy should be taken for the medical notes. In Wolverhampton it will also be available on Care Notes. Please refer to Chapter 24 of the Code of Practice figure 12 for more information. Community Treatment Order Patients Recalled to Hospital – Exceptions to the Need for Certificates under Section 58 or 58A A certificate is not needed for medication if less than one month has passed since

the patient was discharged from hospital onto a Community Treatment Order A certificate is not needed under either section 58 or 58A if the treatment in

question is already explicitly authorised for administration on recall on the patient’s Part 4A certificate (CTO11)

Treatment that was already being given on the basis of a Part 4A certificate may be continued, even though it is not authorised for administration on recall, if the Approved Clinician in charge of the treatment considers that discontinuing It would cause the patient serious suffering. But it may only be continued while steps are taken to obtain a new certificate

The exceptions to the requirement to have a certificate under section 58 or 58A continue to apply if the patient’s CTO is revoked, but only while steps are taken to comply with section 58 (where relevant). Responsible clinicians need to ensure that steps are put in hand to obtain a new Second Opinion Appointed Doctor certificate under section 58 or 58A if one is needed, as soon as they revoke a CTO. Assignment of CTO Responsibilities to a Hospital under Different Managers On occasion there may be the need to transfer the responsibilities for the CTO to a Hospital under different managers where there is no current need for recall.

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The most likely scenario would be for the patient to be moving from an independent hospital to our care but there may be other circumstances as well. The Form used for this purpose is a CTO10 but it does not require the signature of the receiving Hospital Managers. In order for the transfer (the Regulations use the word “Assignment”) to take place effectively and lawfully the following procedure should be followed. Whenever there is the proposal to do such an assignment a full CPA or other clinical review should be called which must be attended by the current RC and the proposed community RC and the proposed community Care Coordinator and an AMHP (if the care coordinator is not an AMHP). At that CPA the necessity of a CTO will be agreed by all parties and the proposed community RC will agree to act as such when a proper Assignment has taken place. If the patient is currently located out of area this CPA can be conducted as a conference telephone call but the written confirmations as in the following paragraph is needed. The current RC will then confirm this in writing to the proposed community RC and community Care Coordinator both of whom will confirm their acceptance in writing by return. Only when these procedures have been completed can the date of assignment be agreed and the CTO 10 completed. The assigning Hospital will then send the CTO10 to the receiving Hospital with a copy of all the documents confirming assignment and acceptance sent to the relevant Mental Health Act office. On the agreed date of Assignment the receiving Hospital takes on all the responsibilities of the CTO and the associated consent to treatment and recall procedures as if the CTO had been made to the receiving Hospital in the first place. The above process should be followed if this Trust is either the assigning or the receiving Hospital.

Where do I go for further advice or information?

Mental Health Act Office - 0121 612 8035

Training Training in the understanding and implementation of the Mental Health Act and the associated Code of Practice is included in mandatory training for those staff where it has been identified by the Trust as essential to their role and responsibilities. Monitoring / Review of this Procedure In the event of planned change in the process(es) described within this document or an incident involving the described process(es) within the review cycle, this SOP will be reviewed and revised as necessary to maintain its accuracy and effectiveness.

Equality Impact Assessment Please refer to overarching policy

Data Protection Act and Freedom of Information Act Please refer to overarching policy

MHA SOP 07 CTOs Page 12 of 12 Version 2.2 Oct. 2019

Standard Operating Procedure Details

Review and Amendment History

Version Date Description of Change

2.2 Oct. 2019 Minor changes to mirror update of main policy

2.1 Jun 2018 Full Review – minor word changes

2.0 Oct 2016 Full review and new SOP format

1.0 Jul 2013 New SOP for BCPFT

Unique Identifier for this SOP is BCPFT-MHA-SOP-02-7

State if SOP is New or Revised Revised

Policy Category Mental Health Act

Executive Director whose portfolio this SOP comes under

Medical Director

Policy Lead/Author Job titles only

Mental Health Act Administration Manager

Committee/Group Responsible for Approval of this SOP

Mental Health Act Legislation Forum

Month/year consultation process completed

N/A

Month/year SOP was approved November 2019

Next review due November 2022

Disclosure Status ‘B’ can be disclosed to patients and the public