# CTO & s2 -- MHT

**URL:** <https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887>\
**Category:** Mental Health Act\
**Tags:** cto\
**Created:** [30 October 2024 13:22 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887 "2024-10-30T13:22:35Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Jojo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/ecd19e/32.png) [@Jojo](https://forum.mentalhealthlaw.co.uk/u/Jojo)\
**Post date:** [30 October 2024 13:22 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887/1 "2024-10-30T13:22:35Z")

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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?

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**Author:** ![GBeacham](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/f14d63/32.png) [@GBeacham](https://forum.mentalhealthlaw.co.uk/u/GBeacham)\
**Post date:** [30 October 2024 13:44 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887/2 "2024-10-30T13:44:37Z")

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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

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**Author:** ![kyle5](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/f4b2a3/32.png) [@kyle5](https://forum.mentalhealthlaw.co.uk/u/kyle5)\
**Post date:** [30 October 2024 14:44 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887/3 "2024-10-30T14:44:52Z")

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One should discharge the s.2 via s.23 and recall the patient and then revoke.

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**Author:** ![Nickwoo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/ccd318/32.png) [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\
**Post date:** [30 October 2024 17:04 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887/4 "2024-10-30T17:04:23Z")

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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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**Author:** ![Daguerrotype](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/e8c25b/32.png) [@Daguerrotype](https://forum.mentalhealthlaw.co.uk/u/Daguerrotype)\
**Post date:** [30 October 2024 20:38 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887/5 "2024-10-30T20:38:00Z")

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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.