A Manager’s hearing was arranged to consider the renewal of the CTO on 12 th July . The CTO had been renewed In February . The hearing did not take place until as stated above. At this time a new CTO7 dated 3rd July had been completed for the next period of renewal. At the hearingt the panel decided to review the latest CTO renewal
Is this legal . I am concerned that the patient was denied the review for the earlier renewal
On the face of it, they haven’t complied with MHA CoP 38.12 in respect of the renewal which took place in February. There may be a ‘cogent’ reason for that but in any event, the delay is concerning.
In a sense, it’s a non-question, because the managers aren’t reviewing the RC’s decision to renew the CTO, they’re simply deciding whether to discharge the patient from the CTO, a decision they have to take on the basis of the current circumstances.
I suppose you could argue that the patient is “owed” another managers’ hearing, but I don’t think it’s a strong argument given the managers have now done their duty, albeit rather late. No further hearing could make up for the failure to make the decision earlier, because the past is the past.
I think both answers above are right. It’s concerning, but it would also be concerning if the hospital managers’ renewal process were nothing but window dressing.
From a legal point of view, I wonder what the patient could argue. The trust might say that he could have applied to the tribunal, and that he lost nothing because the managers would have rubber stamped the CTO at any point between February and July.
What would make the trust take it seriously? Would it be a black mark against the trust with the Care Quality Commission? Would the Parliamentary and Health Service Ombudsman make a decision on a complaint about this?
Alternatively, maybe the trust already takes it seriously and this was a one-off omission.