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Mental health law briefing 185 – CTOs and SOAD certificates: Section 299 Health and Social Care Act 2012

When the Mental Health Act 2007 created Community Treatment Orders (CTOs), one of the requirements was that a patient on a CTO could not be given specified treatment unless a SOAD (second opinion appointed doctor) had certified that the treatment was appropriate in the patient’s case. Such a Certificate was required for all CTO patients whether they consented to this treatment or not. The position was therefore different to patients detained under the Mental Health Act who consented to their treatment as second opinions were not required in those cases.

The additional requirements for SOAD Certificates for CTO patients lead to significant delays in obtaining SOAD opinions for all patients.

New Legislation

The government have therefore acted to reduce the delay and have amended the 2007 Act by s.299 of the Health and Social Care Act 2012. This provides that approval by a SOAD will not generally be necessary if the patient is consenting to the treatment in question.

Section 299 came into force on 1 June 2012.

For further information please contact:

Andrew Parsons
t: 020 7227 7282
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This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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