When a CTO patient is recalled and the order is subsequently revoked the hospital managers, under section 68(7) have a duty to refer the case to the First-tier Tribunal. However, more often than not, by the time the tribunal has been listed, the patient is back in the community again on a CTO. The Deputy Chamber President, Mark Hinchcliffe, has issued guidance on how to deal with tribunals in this scenario. The guidance states:
If a CTO patient is recalled and the CTO is revoked under section 17F, Hospital Managers must continue to refer cases to the tribunal pursuant to section 68(7) but must notify the tribunal immediately if the patient is placed on a new CTO. Following such notification the referral will be treated as having lapsed, the parties should be notified and the file will be closed unless there are other outstanding references or applications, in which case consideration will be given to the management or consolidation of any continuing proceedings, under case management powers.
This will not prevent the patient making an application if they wish to contest the CTO.