CTO Discharge — MRCPsych Paper B MCQ

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ModerateMental Health LawCTO DischargeMRCPsych Paper B

In England, a patient subject to a community treatment order (CTO) wishes to seek a formal review that can result in discharge from the CTO. Which bodies can each consider the case and exercise a power to discharge the patient from the CTO?

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Correct answer: E — The First-tier Tribunal (Mental Health) and the hospital managers

Explanation lettering: E = shown as A · D = shown as C · A = shown as D · C = shown as E

C is correct. A CTO patient may apply to the First-tier Tribunal (Mental Health), which reviews whether the statutory criteria for the CTO remain met and must discharge the CTO if they are not. Hospital managers can also consider the patient’s case and exercise a statutory power of discharge. The Upper Tribunal does not provide the usual first-instance review; it deals principally with appeals on points of law. The Court of Protection does not determine whether Mental Health Act criteria for a CTO remain satisfied. A nearest relative and the responsible clinician may have separate discharge powers in applicable circumstances, but they are not the two formal review bodies asked for here.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, paragraphs 29.73 and 38.14, 2015. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/329778/DoH_Code_of_Practice_accessible.pdf