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 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 s81 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.
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 to protect 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