Hi
I have a CTO pt who was detained under S.2 in a different area than transferred back. Pt wishes to appeal the S.2. Is he eligible and if discharged I assume the CTO comes back into force?
I believe as soon as existence of the CTO is known the S2 is deemed invalid and the RC would need to recall and revoke under the CTO? I would check with your Trust MHA Office ASAP
One should discharge the s.2 via s.23 and recall the patient and then revoke.
Hi, the CTO doesn’t go away. The imposition of a section 2 does not effect the CTO at all (see s6(4)). So, if this person does need to stay in hospital the s2 can continue to run while the RC and an AMHP discuss their options- such as-should the CTO remain in place at all give that the grounds for recall are probably met. And yes, the person could apply for a Tribunal re the s2. I’m sure the Tribunal would query whether the CTO remains appropriate, especially if they were minded not to discharge.
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From my experience on the Tribunal I would suggest the Tribunal will consider all detentions under the MHA if they appeal, I.e. the need for both the s2 and the cto. Remember the 2 week time limit to appeal an s2.