Ethics in the Social Sciences – Social Science Assignment Help

Assignment Task

Community Treatment Orders

In all jurisdictions in Australia, Community Treatment Orders (CTOs) are used to require a person with a mental illness to undergo mental health treatment on a non-voluntary basis, usually under mental health legislation. In NSW, CTOs are usually made by the NSW Mental Health Tribunal (or occasionally by a Magistrate) to order a person to accept mental health treatment. CTOs are intended to allow people who would otherwise be required to stay in inpatient units to instead live in the community and get mental health care in the least restrictive setting possible. The Tribunal must be satisfied that the person would benefit from being in a less restrictive setting and has a history of refusing to accept appropriate treatment. If the person refuses to comply with the treatment plan or experiences a deterioration in their mental health, they may be in breach of the CTO and potentially be returned to inpatient care as an involuntary patient.

Evidence into their use and usefulness is varied and there are two key ethical arguments that are invoked to support or reject their use. On the negative side, it is argued that they are coercive and breach people’s human rights. Proponents of this position argue that their use should either be abandoned or significantly reduced due to its incompatibility with choice and evidence that suggests their use can harm long-term recovery for the patients they are supposed to help. On the positive side, some research suggests that CTOs provide appropriate resources for continuity of care, facilitating engagement with the wider health care system due to enforcing the legal requirement on services to provide care. Often, the orders are viewed as supportive by mental health service users, family members, and clinicians. Overall, these debates often centre on patients’ free will and their right to bodily autonomy.

These arguments seem to align most closely with the cost-benefit analysis however there are other relevant ethical theories that may inform arguments for or against. Upon assessing their use and the implications of their use, is it ethical to impose CTOs on people who are experiencing significant mental health issues?