Uncontested renewal of a section or extension of a community treatment order

If you are detained under one of the sections of the Mental Health Act or are subject to a supervised community treatment order (CTO) and your doctor has renewed your section or extended your community treatment order, you will have the right to have your detention reviewed by what is called a hospital managers’ panel.

This section aims to guide you through the section renewal or extension of the community treatment order process and may be of interest to your relatives or friends. This should be read in conjunction with the relevant patients’ rights leaflet which will have been issued to you by your named nurse or care co-ordinator or Mental Health Act administrator. You can get another copy from either of them.

The Mental Health Act office will have written to you informing you that your doctor (responsible clinician) has decided to renew your section or extend your community treatment order.

What does this mean?

• Your care co-ordinator or named nurse will read you your rights which entitle you to contest (object to) this planned renewal of section or extension of your community treatment order.
• If you do not wish to contest the renewal of the section or extension of the community treatment order, a managers’ renewal hearing will be arranged, and the process outlined in this section will be followed.

Who are the hospital managers?

The hospital managers are a mixture of non-executive directors of the trust and trust associate managers (people who are specially trained and appointed for the purposes of hearing the appeals of patients who are detained under the Mental Health Act (1983), or who are subject to a community treatment order).

What do they do?

The hospital managers have the power to discharge most detained patients from their section under the Mental Health Act (1983) and all patients subject to supervised community treatment orders. They cannot discharge patients who are remanded to hospital for a report on their mental condition under section 35 or remanded to hospital for treatment under section 36 or those subject to interim hospital orders under section 38, and they cannot discharge any patients who are subject to restriction orders laid down by a Crown Court and with the agreement of the Secretary of State.

What do I do now?

• The Mental Health Act administrator will write to you inviting you and your named nurse or care co-ordinator to attend a managers’ renewal hearing.
• The managers’ renewal hearings are held on the third Tuesday of each month. Your renewal hearing will take place on the first available hearing date.

Can I have legal representation?

Yes, you are entitled to have legal representation at hearings and the Trust has a list of approved solicitors who are qualified to represent you at this type of hearing. The list and contact details are available from your named nurse or via the Mental Health Act administrator. You may have to pay a solicitor to advise you in connection with the hearing and to attend the hearing, so you will need to discuss this with the solicitor.

What happens next?

• The Mental Health Act administrator will request a report from the doctor involved in your care.
• The report will contain information about the circumstances of your admission, your health, care and treatment received on the ward and the plans for your future care and treatment.
• You will be given details in writing of the date, time and venue of the hearing. Hearings are held in a room on Trust premises and are as informal as possible.
• On the day before the managers’ renewal hearing, you will be handed a copy of the report to read.

On the day of the hearing

• You will be asked to attend the hearing with your named nurse or care co-ordinator. You can also have a relative, friend or independent mental health advocate (IMHA) accompany you
• The panel members will have met and read the reports before the start of the hearing.

The hearing

• You and others appearing before the panel will be introduced to the panel members by the Mental Health Act administrator.
• The chair of the panel will explain the order of the hearing and what is to happen.
• The panel has to satisfy itself about your health and welfare and what is in your best interests. It does this by considering the information contained in the reports provided and by asking questions during the hearing.
• Your concerns and questions will be dealt with during the hearing.
• Once everyone has finished speaking, you and the professionals who have attended the hearing will be asked to leave the room so that the panel can have a discussion and reach a decision on your renewal of section or extension of community treatment order. This may take a little time as the panel has to carefully consider all the information provided.

The decision

• Everyone will be invited back into the hearing to be informed of the decision.
• The chair of the panel will ensure that the decision of the panel is explained to you, your solicitor (if you have one) and named nurse or care co-ordinator. This will also be followed up in writing to you.

We hope this guide has answered some of the frequently asked questions. However, if there are any issues which have not been covered in this section, in the first instance, please speak to your named nurse who will contact the Mental Health Act office on your behalf.

Page last reviewed: May 15, 2025
Next review due: May 15, 2026