A Compulsory Treatment Order (CTO) allows for a person to be treated for their mental illness.

A Compulsory Treatment Order (CTO) allows for a person to be treated for their mental illness. The CTO will set out a number of conditions that you will need to comply with.  These conditions will depend on whether you have to stay in hospital or are in the community.  Your Mental Health Officer (MHO) will make an application for a CTO to the Mental Health Tribunal. The application must include two medical reports, an MHO report and a proposed Care Plan. You and your named person should be informed if an application for a CTO is to be made.  The Tribunal decides whether a CTO is to be granted. You have the right to be heard by the Tribunal and your Independent Advocacy Worker will ensure that this happens. Your Independent Advocacy Worker an attend your Tribunal with you or attend on your behalf, ensuring that your views are heard and any relevant evidence is given in support of your case. A CTO can last up to six months, can be extended for a further six months and then for periods of twelve months at a time.

You can be given medical treatment while on a CTO if the Tribunal agree to it, or in an emergency. Your responsible medical officer (RMO) must follow the safeguards outlined in part 16 of the Mental Health Act when giving you treatment.

During this process, you have the right to an Independent Advocacy Worker who can help you say what you think about your treatment. Your MHO should let you know how to get help from an Independent Advocacy Worker.

If a CTO is made, you can apply to the Tribunal for it to be removed, once the order has been in force for three months. Your Independent Mental Health Advocacy Worker will ensure you have been informed of your rights to free legal mental health representation and assist you in accessing this. Your mental health solicitor will take instruction from you and will make legal representation for you at the Tribunal. Your RMO should keep the need for the order under constant review, and can revoke it, if you no longer need to be subject to the order.

Criteria for a CTO

There are five criteria that must be met in order that an application for a CTO can be made. These are:

  • You have a mental disorder
  • Medical treatment is available which will stop your condition getting worse or help treat some of the symptoms.
  • If that medical treatment was not provided, there would be a significant risk to you, or to any other person.
  • Because of your mental disorder, your ability to make decisions about medical treatment is significantly impaired.
  • The use of compulsory powers is necessary.

This is only a snapshot of the services that an Independent Advocacy Worker can offer you regarding Mental Health issues.  There are many other ways in which you may receive support. Independent Advocacy is a service completely independent from any other service.  Our loyalty is solely to the person that we are supporting and the service is of no charge to you.

If you have an issue that you want to discuss with an Independent Advocacy Worker to see if we can be of service, please contact us.

Mental Health Advocacy

If you are suffering from mental health issues, you have the right by law to independent advocacy whoever and wherever you are in Scotland.

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Mental Health Tribunals

A Mental Health Tribunal is an independent organisation set up to make decisions on the compulsory care and treatment of people with mental disorders in Scotland.

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Other Mental Health Services

Other Mental Health Services including Home Care and Social Care Assessments, Care Program Approach Plans, and support with Psychiatric / Psychology / GP Appointments.

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