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Community Treatment Orders (CTOs) and the Mental Capacity Act

A new report by the CQC looking at the use of Community Treatment Orders under the Mental Health Act raises a series of concerns about their operation. One striking issue is the failure of consultant psychiatrists to assess and record mental capacity to treatment when required to do so. There are multiple failures highlighted in the report which recommends: ‘Providers should make sure that assessments of capacity to consent to treatment for CTO recall and authorising treatment during the recall period and subsequent to any revocation of the patient’s CTO are fully documented, including the reasons for the responsible clinician’s decision.’

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