53Determination of applications for community treatment orders

#### 53 Determination of applications for community treatment orders 53 Determination of applications for community treatment orders > > (1) The Tribunal is, on an application for a community treatment order, to determine whether the affected person is a person who should be subject to the order. > > > (2) For that purpose, the Tribunal is to consider the following— > > > > > (a) a treatment plan for the affected person proposed by the declared mental health facility that is to implement the proposed order, > > > > > (b) if the affected person is subject to an existing community treatment order, a report by the psychiatric case manager of the person as to the efficacy of that order, > > > > > (c) a report as to the efficacy of any previous community treatment order for the affected person, > > > > > (d) any other information placed before the Tribunal. > > > (3) The Tribunal may make a community treatment order for an affected person if the Tribunal determines that— > > > > > (a) no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person and that the affected person would benefit from the order as the least restrictive alternative consistent with safe and effective care, and > > > > > (b) a declared mental health facility has an appropriate treatment plan for the affected person and is capable of implementing it, and > > > > > (c) if the affected person has been previously diagnosed as suffering from a mental illness, the affected person has a previous history of refusing to accept appropriate treatment. > > > (3A) If the affected person has within the last 12 months been a forensic patient or the subject of a community treatment order, the Tribunal is not required to make a determination under subsection (3) (c) but must be satisfied that the person is likely to continue in or to relapse into an active phase of mental illness if the order is not granted. > > > (4) The Tribunal may not make a community treatment order at a mental health inquiry unless the Tribunal is of the opinion that the person is a mentally ill person. > > > (5) For the purposes of this section, a person has a previous history of refusing to accept appropriate treatment if the following are satisfied— > > > > > (a) the affected person has previously refused to accept appropriate treatment, > > > > > (b) when appropriate treatment has been refused, there has been a relapse into an active phase of mental illness, > > > > > (c) the relapse has been followed by mental or physical deterioration justifying involuntary admission to a mental health facility (whether or not there has been such an admission), > > > > > (d) care and treatment following involuntary admission resulted, or could have resulted, in an amelioration of, or recovery from, the debilitating symptoms of a mental illness or the short-term prevention of deterioration in the mental or physical condition of the affected person. > > > (6) The Tribunal must not specify a period longer than 12 months as the period for which a community treatment order is in force. > > > (7) In determining the duration of a community treatment order, the Tribunal must take into account the estimated time required— > > > > > (a) to stabilise the condition of the affected person, and > > > > > (b) to establish, or re-establish, a therapeutic relationship between the person and the person’s psychiatric case manager. > > > (8) The Tribunal may order that the discharge of an involuntary patient for whom a community treatment order is made be deferred for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the patient to do so. > > **s 53:** Am 2008 No 79, Sch 2 \[11\] \[12\] (am 2008 No 107, Sch 18); 2008 No 107, Sch 16 \[15\]–\[18\]; 2010 No 96, Sch 1 \[4\]; 2014 No 85, Sch 1 \[29\].