healthcare update - issue five


Supervised community treatment - then and now


CTOs – What are they and why do we have them?

Supervised Community Treatment, in the form of Community Treatment Orders (CTOs), was introduced in November 2008 by the Mental Health Act 2007. The purpose of a CTO is to allow service users to be treated safely in the community, rather than under detention in hospital.

A CTO is only available to the responsible clinician treating a service user already detained under section 3. Two conditions must be attached (the patient must make themselves available for assessment either when needed for consideration of extension of the CTO, or to enable a Second Opinion Appointed Doctor to provide authorisation for compulsory treatment) and other “necessary or appropriate” conditions may be imposed.

At any time whilst on a CTO, the responsible clinician can recall the service user for a period up to 72 hours, if in his opinion, the patient needs treatment in hospital and there is a risk of harm to the patient or others. Beyond that, the responsible clinician should consider revoking the CTO altogether, resulting in the service user reverting to detained status under the Act.

The purpose of CTOs was ostensibly to help in particular the “revolving door” patients and “to provide a way to help prevent relapse and harm – to the patient or to others – that this might cause” (Code of Practice, Chapter 25.2).

CTOs – the evidence

The government recognised CTOs were controversial, not least because many practitioners and stakeholders saw them as further evidence of the need to exercise social control over those with mental illnesses.

Concerns were raised further when it became clear that the evidence-based support for the effectiveness of CTOs was thin. A 2005 Cochrane review (Kisley et al) found evidence that compulsory community treatment may not be an effective alternative to standard forms of care. On the numbers alone, it found that it would take 85 CTOs to prevent one readmission, 27 to prevent one episode of homelessness and 238 to prevent one arrest.

An Institute of Psychiatry literature review (Churchill et al) of CTOs internationally was similarly inconclusive when it came to the evidence of the effectiveness of this type of treatment. They found stakeholder perception of CTOs was mixed and indeed, any improvements in clinical outcomes and patient care tended not to be attributed to the CTO. They also found no evidence that CTOs in fact kept people out of hospital, nor any evidence of increased contact with services.

CTOs – the numbers

A King’s Fund report in September 2005 estimated that over a period of 10 to 15 years, the number of patients subject to a CTO could be anything between 7,800 and 13,000. The government estimated the numbers subject to a CTO would be low, only around 200 initially, increasing to about 2,200 by 2013.

The government estimates that the cost to the NHS and local authorities of introducing CTOs (estimated at £3.4 million in the first year) will be outweighed by the savings in terms of hospital bed days (£8.7 million in the first year).

It may well be the case that the government’s estimates are low. The suggestion is that CTOs are being more widely used than had been anticipated.

It therefore remains to be seen whether these estimates are accurate but at the end of the day, these are simply numbers. The real proof of the pudding will be in whether CTOs will help service users maintain stable mental health outside hospital and prevent readmission or relapse. It is far too early to say with any degree of certainty whether this will happen.

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picture of Mark Barnett
Mark Barnett
0121 237 3942
Associate

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The content of this update is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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