Patients who absent themselves from hospital or fail to return at specified times from authorised leave, are not always AWOL for ever – in fact, most of them aren’t. Those patients whose detention in hospital occurred via the criminal justice system and who are on restricted hospital orders, for example, will remain AWOL until they are re-detained, even if it’s years later but those of us admitted to hospital under ‘civil’ sections, known as Part II patients, will have an expiration date on their AWOL status.
This poses a practical problem for police officers who encounter AWOL patients, because it is not always obvious from which section of the Act a patient is missing and this is crucial information when thinking about powers to return the person.
The Code of Practice to the Mental Health Act 1983 states (in paragraph 28.17 in England, 28.16 in Wales) the police should always be informed by hospitals who are reporting patients AWOL of the date of expiration for powers to retake AWOL patients. One would imagine, this information makes its way to the Police National Computer (PNC) when information markers are created to highlight the person is missing so it may be quickly communicated to those encountering vulnerable people and sometimes making dynamic decisions about them in fast moving situations. So if I were missing from s2 MHA detention after being admitted for assessment it might read, “Michael Brown [date of birth] – AWOL from s2 MHA, can be re-detained s18 MHA until [date]” … or something similar and then a name and a 24/7 phone number for the relevant hospital.
In practice, I’ve only ever known markers say “AWOL from MHA” along with the name and number of the hospital, so you then have to know there could be an expiration problem in order to contact the hospital and establish the legalities in play for your situation – and that might be difficult, depending on the circumstances of the encounter. You can find a resources page with timescales which apply to the various MHA sections and it’s worth noting the page is not just about AWOL patients, it’s about MHA absconders as well – they are two different things!
COMMON SITUATIONS
The two most common legal sections used are therefore the two most common AWOL situations and they are both Part II provision where there is an expiration date.
- Section 2 MHA (for assessment) – a patient who is AWOL can be retaken for up to 28-days after they were admitted. So you need to know when they were admitted or someone needs to calculate the four week period from that date.
- Section 3 MHA (for treatment) – a patient who is AWOL can be retaken for up to six months after they absent themselves from hospital.
For the other sections: see the resources page.
The point of this post: to keep reminding everyone to pay attention to and check details – AWOL status is not enduring and infinite so you do need to check the person who is missing can, in fact, still be lawfully re-detained and returned to hospital.
Otherwise you need a different legal solution to your problem, like asking an Approved Mental Health Professional to convene a new Mental Health Act assessment or use of section 135 or 136 MHA, where applicable.
Winner of the President’s Medal, the Royal College of Psychiatrists.
Winner of the Mind Digital Media Award
All opinions expressed are my own – they do not represent the views of any organisation.
(c) Michael Brown, 2024
I am not a police officer.
I try to keep this blog up to date, but inevitably over time, amendments to the law as well as court rulings and other findings from inquests and complaints processes mean it is difficult to ensure all the articles and pages remain current. Please ensure you check all legal issues in particular and take appropriate professional advice where necessary.
Government legislation website – www.legislation.gov.uk
Mental Health Cop 