Compulsory Community Treatment
Under the Mental Health Act 1993 s 20, the Public Advocate, a medical practitioner, a guardian or a relative can apply to the Guardianship Board for an order called a Community Treatment Order requiring the compulsory provision of treatment in the community for a person with a mental illness. Before the Guardianship Board can make such an order it must have clear evidence that:
- the person has a mental illness which can be treated
- that the person has or is likely to refuse to undergo treatment recommended by a medical practitioner
- the person should be given treatment in the interest of the person's own health or safety or for the protection of other people.
A Community Treatment Order can be made for a maximum of twelve months and can be reviewed early if circumstances change.
Once the Board receives the application, a formal hearing will be scheduled and invitations sent (called Notices of Hearing) to all people involved, including the person said to have a mental illness. At the hearing the Board will advise the parties attending of the information available to the Board, and will provide the parties with an opportunity to ask questions and make statements.
If the Board makes a Community Treatment Order and the person with a mental illness refuses or fails to receive the treatment, the Act [s.23] allows the police to apprehend the person and take her or him to a doctor or clinic for treatment. The ambulance service is empowered to assist the police by transporting the person.
A person who believes the Board has made the wrong decision concerning a Community Treatment Order can appeal, see Reviews and Appeals.
|
|
Compulsory Community Treatment : Last Revised: Thu Nov 29th 2001 |
|
|