View source for Guidance: References made under section 68(7) Mental Health Act 1983 (updated 22/9/10)

{{Resource
|Title=Guidance: References made under section 68(7) Mental Health Act 1983
|Organisation=Mental Health Tribunal
|Date=2010/09/22
|Type=Tribunal guidance
|Sentence=Unlawful guidance on references
|Abstract=On 22/7/10 the Deputy Chamber President issued guidance to the effect that a reference made under [[s68]](7), triggered by the revocation of a CTO, will be treated as having lapsed if the patient subsequently is placed on a new CTO. The guidance was amended slightly on 22/9/10. The guidance also asserts that (1) ignoring the reference means that it is treated for the purposes of s68(3)(c) as if it had never been made, so that the normal s68(2) six-month duty to refer still applies; (2) if a six-month reference is made prematurely then, even if the six months will have elapsed by the time of the hearing, the Tribunal must strike out the proceedings under [[Tribunal rule 8|Rule 8]](3)(a) for lack of jurisdiction; (3) a reference made under [[s75]](1)(a), triggered by the recall of a conditionally-discharged patient, lapses if the patient subsequently is again conditionally discharged. Insofar as it relates to the lapsing of references, this policy is unlawful: [[PS v Camden and Islington NHS Foundation Trust (2011) UKUT 143 (AAC)]].
|Detail===Notes==
The guidance is dated 1/8/10 but was issued on 22/7/10.

==The guidance==
{{Text:Guidance: References made under section 68(7) Mental Health Act 1983 (as amended)}}
|External links=*<span class="plainlinks">[https://www.mentalhealthlaw.co.uk/media/archive/20120323221027%21Guidance_on_CTO_references.pdf 22/7/10 version]<span>

*<span class="plainlinks">[https://www.mentalhealthlaw.co.uk/media/Guidance_on_CTO_references.pdf 22/9/10 version]</span>
|Saved=Yes
|Download=Guidance on CTO references.pdf
|News=No
|RSS pubdate=2021/04/09 09:22:23 PM
}}