Involuntary Community Treatment Orders In Legal And Mental Health Care Case Study

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In this essay I will discuss the legislative framework of the coercive nature of involuntary community treatment orders in legal, ethical and NSW Health Policy contexts to show the rationale of a cto and the powers behind this treatment order.
Involuntary Community Treatment Orders (CTOs) are sectioned under the mental health legislation of each jurisdiction in Australia. CTOs are a legal document which gives authority to a mental health team to give coercive treatment to consumers with a mental illness while still living at home in the community. The consumers with persistent or severe mental illness are most vulnerable to be placed on a CTO (Owens & Brophy, 2013).
The rationale for CTOs was to slow down the process of which the patient would
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He also enforces that Consumers subjected to community treatment schedules have the duty to accept treatment even if they are to be restrained and medicated for their treatment in the community setting. Consumers also have the duty to accept their care team to visit their home and attend outpatient appointments as per the CTO regime of the consumer. The mental health care team have the power to enter the consumers home for treatment, the power to recall the patient to hospital and if needed with police escort, the power to provide treatment without the patients consent in the hospital setting. The use of community treatment powers is a matter of the human rights concern. The rights of consumers to be left alone to the safety of their own self where they could seriously harm themselves or others and to privacy of their person and property may be implicated, even if they are not actually detained when receiving compulsory community care (Dawson, …show more content…
Within a principles-based approach to ethics, the dilemmas of involuntary treatment are a subject that the mental health team are faced with on an everyday basis. There are four core principles when dealing with moral dilemmas: Autonomy, Beneficence, non-maleficence and justice. The debate about the effectiveness of community treatment all concern the ethical dilemmas for Medical practitioners in regards to receiving consent, autonomy of the consumer, coercion of treatment, beneficence, paternalism, confidentiality and privacy These dilemmas are taken into consideration with the terms of the consumer’s situation awareness to make a reasonably informed independent choice to comply or refuse treatment and then the need for beneficence to relieve any suffering. In circumstances such as psychosis, the patient’s capacity for autonomy and the scales are therefore tipped towards the beneficent and responsibility is to then relieve the consumer of any psychotic suffering. (Robertson,

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