SOAD Certificate Duration — MRCPsych Paper B MCQ

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HardMental Health LawSOAD Certificate DurationMRCPsych Paper B

A patient detained under section 3 of the Mental Health Act 1983 has received clozapine for four months and lacks capacity to consent to it. A second opinion appointed doctor issues a Form T3 that does not specify a review date. The treatment plan remains unchanged and the patient remains detained. Which statement best describes the duration of the certificate?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: A — It has no fixed statutory expiry, and section renewal alone does not invalidate it.

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

A Form T3 has no fixed statutory duration: the Act does not require its validity to be reviewed after any particular period, so options A, B and E (28 days, 3 months, 1 year) are wrong. The 3-month figure is a distractor drawn from the initial period under section 58 during which medication may be given without a certificate. Option C fails because renewal of section 3 does not automatically invalidate the certificate; renewal triggers a section 61 report on treatment to the Care Quality Commission, which may prompt scrutiny or a fresh SOAD review, but this is distinct from expiry. Regular review of T3 certificates, including at renewal, is good practice rather than a statutory expiry mechanism. A certificate can, however, cease to authorise treatment if its factual basis changes (for example the patient regains capacity, the treatment plan changes materially, or CQC withdraws approval). D is therefore the only defensible answer.

Reference: Department of Health. Mental Health Act 1983: Code of Practice, chapter 25 (review of treatment and section 61 reports, paras 25.79–25.83), 2015. https://assets.publishing.service.gov.uk/media/5a80a774e5274a2e87dbb0f0/MHA_Code_of_Practice.PDF