If a person has a mental illness and requires treatment to protect themselves and/or others from harm, but the person is unable to or does not agree to receive treatment, a community treatment order can be made by authorised medical and health professionals and SACAT to ensure the person receives treatment.

A community treatment order can only be made when there is no less restrictive way of ensuring that a person gets the appropriate treatment.

Level 1 Community treatment orders

Only a medical practitioner or authorised mental health professional can make a Level 1 Community treatment order.

This order can only be made for a period of up to 42 days.

SACAT can review a Level 1 CTO under s 81 of the Mental Health Act 2009.

Level 2 Community treatment orders

An application can be made to SACAT for a Level 2 Community treatment order.

An application can be made whether or not a Level 1 CTO exists - or has previously been made but has expired.

This order can only be made for a period of up to 12 months.

What does SACAT consider when making a Level 2 CTO?

SACAT will consider whether:

• the person has a mental illness and because of the illness, the person requires treatment either for their protection from harm or for the protection of others from harm
• the person has impaired decision-making capacity
• there is no less restrictive means than a Community treatment order of ensuring appropriate treatment of the illness.

When considering any less restrictive means, SACAT must consider whether the person would be able to receive appropriate treatment on a voluntary basis.

Who can apply?

An application for a Level 2 CTO can be made by:

• the Public Advocate
• a medical practitioner
• a mental health clinician
• a guardian, medical agent, relative, carer or friend of the person
• any other person who can satisfy SACAT that they have a proper interest in the person’s welfare.

SACAT also undertake internal reviews about Level 2 CTOs