3.1 Specific tasks are required to be carried out in relation to compulsory orders as specified in the Act (and within the Code of Practice as related to best practice). The main tasks stated for each order fall to the RMO/ AMP and the MHO. The main tasks laid out in the MHCT Act (and highlighted in the Code of Practice) for each of the orders can be seen in tables 3.1 to 3.5.
Medical Practitioner examination |
MP consultation with MHO |
Preparation of certificate/notification to hospital management |
Hospital management to Notify appropriate others |
Arrangements for removal to hospital (or other hospital if applicable) |
If consent from MHO not available contact relevant Local authority |
MHO Activity
Interview of patient
Consultation with other parties
Checking records
Time taken to consider alternatives to detention |
MHO report to medical practitioner who granted certificate |
Other relevant tasks not indicated |
If no MHO consent |
Hospital management to inform Local Authority |
MHO Activity
MHO interview of patient
Consultation with other parties
Checking records
Consideration of alternatives |
Report to medical practitioner |
Revoking an emergency certificate |
Practitioner examination |
Informing of patient/hospital management |
Hospital management to notify appropriate others |
Suspension of an emergency certificate |
RMO assessment |
Preparation of suspension certificate by RMO |
Informing patients MHO/appropriate others |
Other activities ( e.g. if suspension includes escorting a patient or visiting a patient) |
If suspension certificate revoked, RMO to inform patient/appropriate others |
Hospital management to notify appropriate others. |
AMP medical examination |
Contact MHO |
MHO interview of patient |
AMP preparation of certificate |
Hospital management informed |
Consult named person |
MHO consent |
Compilation and completion of SCR (including identifying/contacting all relevant others) |
If patient requires transfer to another setting arrangements to transfer patient |
If MHO unable to interview patient (Report on why with a copy to AMP) |
Hospital management informed |
HM to inform appropriate parties (standard list including tribunal and commission) |
Review of short-term order (including attending ward assessments) |
Revoking a short-term order |
RMO examination |
Informing patient/appropriate others including Tribunal/Commission |
If goes to tribunal: Preparation of oral/written evidence by appropriate parties |
Extension of a short-term certificate |
AMP examination |
Preparation of extension certificate |
Consultation with MHO |
MHO interview of patient |
AMP to inform patient/appropriate others |
If goes to tribunal: Preparation of oral/written evidence by appropriate parties |
Revoking an extension of a short-term certificate |
RMO examination |
Informing patient/ appropriate others including Tribunal/Commission |
If goes to tribunal: Preparation of oral/written evidence |
Suspension of a short-term certificate |
RMO assessment |
Preparation of suspension certificate by RMO |
Informing patients MHO Informing appropriate others |
Other activities ( e.g. if suspension includes escorting a patient or visiting a patient) |
If suspension certificate revoked, RMO to inform patient and appropriate others |
Hospital management to notify appropriate others |
Medical practitioner examination of patient |
Second medical practitioner examination of patient |
Preparation of mental health reports |
MHO application |
MHO interview patient |
MHO identification of relevant parties |
MHO notification of relevant parties |
Gathering information from relevant parties |
Preparation of proposed care plan |
If appropriate attendance at multi-disciplinary meeting(s) |
Completion of MHO report |
CTO application prepared and submitted to the tribunal |
If appropriate, time taken to deliver the application |
First tribunal hearing |
Attendance at tribunal hearing/preparing written evidence |
Travel time to/from tribunal hearing |
If more than one hearing needed |
Attendance at tribunal hearing/preparing written evidence |
Travel time to/from tribunal hearing |
Where a CTO/Interim CTO granted Plans for transfer of patient to hospital/other specified place |
Operation of an ICTO/ CTO |
RMO preparation and implementation of ICTO/ CTO care-plan including |
Consultation with appropriate others |
Amending of care-plan |
Informing patient/appropriate others of finalised care-plan |
LA designation of MHO responsible for patient's case |
MHO contact with appropriate others |
MHO interview/contact with patient |
MHO involvement on assessment/review of a care plan |
MHO preparation of an SCR |
Continual review of CTO |
Mandatory review of a CTO |
RMO/other AMP examination of a patient |
RMO/ AMP consultation with MHO |
RMO/ AMP consultation with other appropriate persons relevant to patient's care |
Decision on outcome of review |
Informing appropriate others |
Where variation of CTO required |
Notification of application to patient/appropriate others |
MHO's consent for application |
Preparation and submission of section 95 application |
Detention pending review/application for variation |
MHO interview of patient |
MHO consent |
Contacting named person |
Completion of detention certificate |
HM notification of detention to appropriate others (including the Tribunal) |
Revoking an ICTO/ CTO |
RMO review of patient |
MHO involvement in revocation process |
RMO preparation of revocation statement to patient/appropriate others (written notice) |
Drawing up/implementation of discharge plan of care (where patient being discharged from hospital or subject to community based compulsory orders) |
Suspension of compulsory measures specified in an ICTO/ CTO |
RMO assessment |
Preparation of suspension certificate by RMO |
Informing patient/appropriate others |
Time taken to ensure patient care during suspension |
If suspension certificate revoked |
Time taken by RMO to inform patient/appropriate others |
Hospital management to notify appropriate others |
Non-compliance with a community based CTO or a community based ICTO |
Contacting patient |
Enquiries about non-compliance to appropriate others |
MHO consent to take patient for required treatment |
Taking patient for required treatment |
RMO/ AMP examination |
Preparation of detention certificate |
HM notification to appropriate others (including the Tribunal and Commission) |
Assessment of patient by prison health care staff |
Arranging assessment by AMP |
AMP assessment |
Consultation with MHO |
Preparation of medical report (s) |
AMP preparations ( e.g. bed availability) |
Submission of reports to Scottish Ministers |
MHO to find name/address of named person |
MHO interview of patient/ named person/primary carer |
Multi-disciplinary assessment |
Preparation of SCR |
Preparation for/time at tribunal hearing |
Preparation of care plan |
Review of Transfer for Treatment Directions |
RMO or AMP examination of patient |
RMO consultation with MHO |
RMO consultations with 'others' considered appropriate |
MHO interview of patient |
MHO consultations with named person/primary carer/other relevant persons |
RMO preparation and submission of report to Scottish Ministers |
AMP preparations ( e.g. bed availability) |
Submission of reports to Scottish Ministers (Prison governor or representative) |
Preparation for/time at tribunal hearing |
HM notification to patient/named person/Commission of transfer between hospitals |
Medical examination of patient |
Second medical examination |
Preparation of medical report |
MHO report
Section 57c report
Ascertaining name/address of named person
SRC report
Multi-disciplinary meetings |
Preparation of RMO care plan |
RMO report to Scottish Ministers ( CORO) |
Mandatory review of orders |
RMO or AMP medical examination |
Consultation with MHO |
Consultation with other appropriate people |
RMO submission to Scottish Ministers |
MHO interview of patient (including rights/advocacy/access to services etc) |
Application to tribunal for extension |
Participation in tribunal hearing/written evidence (including travel where appropriate) |
Time taken for further reviews |
Extension/variation of an order |
RMO examination/review of patient |
RMO notification to MHO about proposed application |
MHO inform patient of application |
MHO reply to RMO proposed application |
Notification to patient and appropriate others |
RMO preparation of application to Tribunal |
Copies of order sent to patient and appropriate others |
Time at tribunal hearing |
Revoking a compulsion order |
RMO examination |
Consultation with MHO |
Preparation of revocation statement to Scottish ministers |
Notification to appropriate others |
Review of a compulsion order and restriction order |
RMO or AMP examination |
Consultation with MHO |
Preparation of revocation statement to Scottish ministers |
Notification to appropriate others |
Preparation for/time at tribunal hearing |
Revoking a compulsion order/restriction order |
RMO or AMP examination |
Consultation with MHO |
Preparation of revocation statement to Scottish ministers |
Notification to appropriate others |
Preparation for/time at tribunal hearing |