Publication - Advice and guidance

Mental Health Act - compulsory treatment orders: guide

Published: 24 Sep 2008
Directorate:
Mental Health and Social Care Directorate
Part of:
Health and social care
ISBN:
978075594829

A guide to compulsory treatment orders relating to the Mental Health (Care and Treatment) (Scotland) Act 2003.

Mental Health Act - compulsory treatment orders: guide
10 When will a CTO end?

10 When will a CTO end?

If the Tribunal make a CTO, it can last for up to 6 months initially. It can then be extended for a further 6 months, then for periods of 12 months at a time. If the doctor in charge of your care wants to extend the CTO, he/she has to follow procedures set out in the Act.

There are a number of situations in which the CTO can be revoked (ended). These are set out below.

(i) The CTO may be ended by the RMO

The doctor responsible for your care and treatment is called the responsible medical officer ( RMO). Your RMO must review your case regularly. This might involve examining you and speaking to other people involved in your care. If your RMO thinks that the criteria listed in box 1 are no longer met, or thinks that you don't need to be on a CTO, he/she should end your CTO. If this happens, then you and your named person will be notified about this.

(ii) The CTO may be ended by the Tribunal

The Tribunal has the power to end a CTO where it believes the criteria listed in box 1 are no longer met. It can use this power whenever it is looking at your case.

You, or your named person, can ask the Tribunal at certain times to end your CTO.

(iii) The CTO may be ended by the Mental Welfare Commission

The Mental Welfare Commission has the power to end a CTO. However, if the Commission believes your CTO should be ended, it is likely to talk to your RMO about ending the order, or refer your case to the Tribunal, rather than using its own power to end the CTO.