If a patient in Scotland on a CTO wants to be trasnferred to England, is the procedure the same the authority of CTO is swapped over by a CTO10
He is also under a Guardianship order with the office of public guardisn (Scotland)
Any advice is welcome with the CTO or the guardianship
Thanks
No. There is a procedure the Responsible Medical Officer in Scotland has to follow before issuing a warrant authorising the transfer.
If the transfer takes place, you record the patient’s arrival in England on Form M1.
More details in chapter 34 of the MHA Reference Guide.
Scottish guardianship is more like an English deputyship under the Mental Capacity Act. It won’t apply in England unless someone asks the Court of Protection to recognise and enforce it in England and Wales.
This is covered by MHA s80C and Jones references the documentation required. Also at 34.9 of the MHA Reference Guide (2015).
Looks like Scottish guardianship relates to the MCA rather than the MHA, and there is guidance on its application in England on the FAQs page of the OPG (Scotland) website.
Hi Heather, a CTO under the Scottish MHA is not the same as a CTO under England. In Scotland the CTO refers to a compulsory treatment order and is highly likely to be the equivalent to our section 3. I would ask for the CTO paperwork including any renewals that have been completed and this should give you a better idea, they can sometimes be an order which is equivalent to our S2.
If the CTO is a section 3 equivalent, as mentioned they would need permission to transfer to England and on admission to England a Form M1 will be completed. This would trigger the beginning of the S3 in England and the same procedure as normal would be followed, the Form M1 along with the Scottish paperwork being your detaining papers.
For other information, refer to guidance on cross border transfers from Scotland to England.
Hope this helps
It looks to me like the Scottish Guardianship covers both property and finance AND health and Welfare. In England under the MCA 2005 these are two different types of deputyship. The OPG Scotland FAQs response implies the application is to have the Guardian from Scotland recognised in England so if willing the Guardian can continue. However if that is not possible you may require two different people to be named by the Court of Protection in England unless you can find someone able to do both (some solicitors do both). Hope this helps you Heather.
Many thanks for your response
Many thanks for your response