Avoiding unintentional lapse of orders
I want to clarify how stakeholders can help us to identify cases where there may be a risk of an order lapsing. Lapse carries a risk of creating unauthorised detention and/or treatment. All possible steps to minimise this risk need to be taken.
We regularly receive applications where a deadline is imminent. The categories these tend to fall into are:
- under section 92 or 158 of the 2003 Act for extension and variation of a CTO or CO (CTO4 forms);
- under section 95 or 161 for variation of a community-based CTO or CO (CTO5 forms) where the patient is in hospital on a short term detention certificate or a certificate under section 114 of the Act; and
- under section 149 for first extension of a compulsion order (CO1 forms).
We are receiving a very high number of applications and this seems set to continue. Our inboxes are monitored throughout each working day, but it is not always clear from a screening of incoming emails that a particular application is urgent. If an order or certificate is going to expire within the next three days, please draw attention to this in the subject line of the email, both by stating the application type (senders usually identify the type of form) AND wording such as 'IMMINENT EXPIRY' or 'URGENT' too.
Please draw this message to the attention of all who send applications to MHTS on your behalf.
Laura Dunlop KC, President