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> Temporary Leave and Discharge for Patients Detained Under the Civil Admission Procedures
Temporary Leave and Discharge for Patients Detained Under the Civil Admission Procedures
Temporary Leave
The doctor in charge of the patient’s care and treatment (referred to in the MHA as the responsible medical officer (RMO)) may grant leave to the detained patient, subject to any conditions that the RMO considers necessary in the interests of the patient or the protection of other persons. Leave for restricted patients is subject to the Home Secretary’s consent. The RMO may revoke the leave and recall the patient if it is necessary to do so in the interests of the patient’s health or safety or the protection of others, but the patient cannot be recalled if the period of detention has expired.
The MHA includes powers to return a patient who is absent without leave. For example, patients who are detained under Section 3 of the MHA may be returned to hospital, by an ASW, the police or anyone authorised by the hospital, within six months of absconding from hospital or until their period of detention expires, whichever is the later. Restricted patients may be returned at any time.
Discharge and Patients Detained under the Civil Admission Procedures
Patients who are detained under the civil admission procedures can be discharged from hospital by the RMO, the Hospital Managers, the Mental Health Review Tribunal (MHRT) or the patient’s Nearest Relative.
