So a patient has their CTO extended, the extension period has begun and the CTO is then revoked. Does a hospital managers panel then have to review the CTO extension even though it has since been revoked? The patient will obviously have a tribunal following the revocation so their rights are looked after. The Code uses the words “must undertake a review” regarding section 20A extensions but it seems like a pointless exercise in this case seeing as the CTO is no longer in force. I can’t find any reference to this situation online so it seems either what is written in the Code is sacrosanct, or it is so obvious that a hearing is not to be held in this instance that it doesn’t need to be written down. Anyone come across this or have any opinion? Thanks.
I would draw a parallel between Managers Reviews & FTT References - both have the same purpose (to provide safeguards for patients). In FTTs if someone has an application/reference whilst on a CTO then is recalled - the Tribunal would retain jurisdiction. I’d venture the same principle should hold true for Manager Reviews.
With regards to whether it’s a “pointless exercise” as there’s a reference FTT - you could say the same for anytime there’s a contemporaneous FTT & HMH. Even if there’s an active FTT upon the S.20/20A renewal (e.g. 6-month reference), the HMH should still go ahead.
Many thanks Zac
We’ve taken the view that as a s68 referral is being made to the MHT and the CTO is no longer active, the review is cancelled, patient advised to appeal to the AHMs (should they wish to) and let the MHT deal with it.