Community Treatment Order

Section 17A of the Mental Health Act 1983 provides that 'the responsible clinician may by order in writing discharge a detained patient from hospital subject to his being liable to recall in accordance with section 17E below,' and confirms that 'an order under subsection (1) above is referred to in this Act as a "community treatment order."' A community treatment order can only be made where set statutory criteria are met, including that appropriate medical treatment can be provided in the community 'subject to his being liable to be recalled' and that 'it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) below to recall the patient to hospital.'

A community treatment order must set conditions the patient has to comply with while it is in force: section 17B provides that 'a community treatment order shall specify conditions to which the patient is to be subject while the order remains in force,' which the responsible clinician may only impose, with the agreement of an approved mental health professional, if 'necessary or appropriate' for specified statutory purposes; the responsible clinician can later vary or suspend those conditions. Breach of the regime triggers the recall power in section 17E: 'the responsible clinician may recall a community patient to hospital if in his opinion' the statutory recall grounds are met, or 'if the patient fails to comply with a condition specified under section 17B(3) above,' and a recall notice 'shall be sufficient authority for the managers of that hospital to detain the patient there in accordance with the provisions of this Act.'