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CTO Recall Clinical Threshold — MRCPsych Paper B MCQ

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HardMental Health LawCTO Recall Clinical ThresholdMRCPsych Paper B

A patient subject to a community treatment order in England misses an appointment for depot medication, which is a discretionary condition of the order. They remain clinically stable and have complied with both mandatory conditions requiring availability for medical examination. Which statement most accurately describes the clinical threshold that the responsible clinician would have to satisfy to recall the patient under section 17E(1) of the Mental Health Act 1983?

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

Reveal the answer and explanation

Correct answer: E — The responsible clinician must consider both that hospital treatment is required and that non-recall would create a risk of harm.

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

B is correct. Under section 17E(1), the responsible clinician must be of the opinion both that the patient requires medical treatment in hospital for mental disorder and that failure to recall them for that purpose would create a risk of harm to the patient or others. A breach of a discretionary condition, such as missing treatment, does not by itself permit recall. Separate recall powers apply when the patient fails to attend either mandatory examination required under section 17B(3). Option C incorrectly makes the statutory criteria alternatives. AMHP agreement is required for subsequent revocation of the CTO, not for recall itself, so D is incorrect. Recall also requires no prior Tribunal hearing, excluding E.

Reference: Upper Tribunal, PM v Midlands Partnership NHS Foundation Trust [2020] UKUT 69 (AAC), paragraph 6.3, section 17E statutory framework. https://assets.publishing.service.gov.uk/media/5e874a51e90e07077e36155c/HM_2258_2019-00.pdf