If a managers hearing isn’t completed with a renewal period, does it make the section invalid, if it renewed again
Code of Practice:
38.14 Before the current period of detention or the CTO ends, it is desirable that a managers’ panel considers a report made under section 20 or section 20A and decides whether to exercise its discharge power. However, the responsible clinician’s report itself provides authority for the patient’s continued detention or period on a CTO, even if a managers’ panel has not yet considered the case or reached a decision.
38.50 If a responsible clinician or the hospital manager, as appropriate, does not hold a review before the period of detention or CTO expires, this should be considered a very serious matter that should be urgently reviewed (see paragraphs 32.10). The hospital managers should have processes in place to ensure that this does not happen. The reasons for the review not having been taken place and the actions put in place to stop this happening again should be fully documented.
Para 38.50 was slotted in to the current version of the Code at the last minute, in part I believe, because of the Winterbourne View fall-out. The Code review team knew nothing about it until after the review process had finished, and I never got the sense from the Treasury Solicitors (as they were at the time) that it was related to the renewal/extension procedure set out in the Act.