Section 16 makes changes to section 61 of the 1983 Act to set out the timing at which a report must be provided by the approved clinician to the regulatory authority (in England the CQC, in Wales the Healthcare Inspectorate Wales (HIW)) on the patient’s treatment and their condition, where they are not consenting to treatment, so that it is after six months, then six months, then 12 months, within two months of these timeframes. This includes Part 3 patients who have been transferred from guardianship under section 19 regulations, and Part 3 patients who have had a community treatment order revoked after 6 months has passed since their hospital order (new 61(1B)). Part 3 CTO-revoked patients within 6 months of their hospital order, and all other Part 3 patients, will retain their existing reporting periods (new 61(1C), bringing all patients into line. This is in line previous legislation, which requires that a report is provided at the point of each detention renewal, as per section 20, with the exception of the first renewal of section which due to the changes made by the Act is at 3 months for relevant cohorts.
	This section also gives the regulatory authority the power to require that the approved clinician provides them with a report on the patient’s treatment and their condition, where the patient is found to be consenting to treatment falling under section 58A and section 58. If the regulatory authority identifies any concerns, they have the power to require further reports from the approved clinician.
Treatment Section 16: Review of treatment