Using community treatment orders: key provisions

Community treatment orders (CTOs) were introduced into the Mental Health Act 1983 by the Mental Health Act 2007, with the aim of enabling eligible patients to be treated safely in the community rather than under detention in a hospital. A person subject to a CTO is referred to by the 1983 Act as a community patient and they are discharged but subject to recall to hospital (Mental Health Act 1983, section 17A). The key provisions are set out under the Mental Health Act 1983, sections 17A to 17G, with treatment provisions set out under sections 62A and part 4A.

Testing of a detained patient's rehabilitation was traditionally undertaken using the extended leave provisions of section 17 of the Mental Health Act 1983. These provisions allow a responsible clinician to grant a detained patient leave of absence subject to such conditions as they consider necessary in the interests of the patient or the protection of others. The patient is not discharged and remains liable to be detained and subject to recall to hospital under section 17(4). Section 17 allows for the testing of rehabilitation under strict conditions and, as long as the patient remains detained under the 1983 Act, leave can be granted for an indefinite period by the responsible clinician.