Compulsory Treatment Order process

When a Compulsory Treatment Order (CTO application) is received by the Tribunal, it is date stamped and passed to the administration manager who deals with the service user's geographical area, either north, west or east. They will note the expiry date of the Short Term Detention Certificate (if applicable) and pass it to a caseworker for processing.

The caseworker then processes the application and if appropriate, will link it to any previous orders for that service user. This generates a unique case reference number that is noted on the application and all communications.

The caseworker checks the dates on the Short Term Detention to ensure that the Complulosry Treatment Order application has been received prior to expiry and a copy is printed and attached to the application. The dates of the two Compulsory Treatment Order medical reports are also checked to ensure that they have been completed within five days of each another. A further check is undertaken to ensure that the Mental Health Officer completed the CTO1 application within 14 days of the latest CT02. Any queries are directed to the Tribunal's in-house convenors or legal secretary for further guidance.

The application is input onto the case management system and a booking form prepared showing the date of expiry of the short term detention, as this is the last date a hearing can be heard. Any preferred date and venue is also shown. This is passed to our scheduling department to book a venue, confirm the time and date for the hearing and book the three Panel Members.

A Working Areas Response Form is sent to all Panel Members to ask them which areas they are prepared to work in. This information is updated on the Member's Profile and helps to avoid any possible conflicts of interest. On a two monthly basis Panel Members are sent an Availability Worksheet. This is completed to advise the Tribunal of the dates they are available to attend a hearing. This information is updated in the Staff Members' Section of Webroster. The scheduling department then plot the Panel Members into areas and a staff worksheet is sent which confirms the dates and areas allocated for a provisional panel. When a booking form is received from casework the scheduling department book the venue and text, e mail or telephone a Panel Member to confirm a hearing date.

Where the Tribunal or a convener decides that a patient does not have the capacity to instruct a solicitor to represent the patient's interests in proceedings before the Tribunal, the Tribunal or the convener will proceed to appoint a Curator ad Litem.  Papers will be distributed to Curators ad Litem by secure email system.

On return of the booking form the caseworker as a matter of courtesy, will telephone the Mental Health Officer, the Responsible Medical Officer and any Solicitor to confirm the date, time and venue of the Tribunal hearing.

The details from the booking form are input into the case management system and a copy of the application sent to the panel together with a letter advising details of the hearing. Formal Notice, an invitation to attend and a copy of the papers together with a response form are sent to the parties. Formal Notice, invitations to attend and a response form are also sent to any interested persons but they do not receive a copy of the papers. All will be given the opportunity to make written or oral representation and the responses must state if evidence is to be produced/led, or if there will be any representations made. A letter is also sent to medical records advising them of the hearing date. This is for information only and not an invitation to attend. Details from any response forms returned are noted on the case management system and any further information received prior to the hearing is copied and sent to the panel and parties.

An attendees' sheet is prepared for the hearing clerk listing all persons invited to attend the hearing together with a copy of the papers to take to the Tribunal hearing. This is updated on a regular basis as further information is usually received prior to the hearing.

After the hearing has taken place the decision papers are returned to casework to be recorded. If an interim order has been granted the details are recorded and any instructions or directions are carried out prior to the next hearing. If a decision is made, this is recorded and a copy sent to the parties and medical records informing them of the outcome. Copies of all papers are sent to the Mental Welfare Commission at this time and the case is brought to a completion.