# Does s3 end when patient has been AWOL for six weeks?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/does-s3-end-when-patient-has-been-awol-for-six-weeks/3511>\
**Category:** Mental Health Act\
**Tags:** awol\
**Created:** [29 March 2025 19:03 UTC](https://forum.mentalhealthlaw.co.uk/t/does-s3-end-when-patient-has-been-awol-for-six-weeks/3511 "2025-03-29T19:03:30Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![Bear76](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/0ea827/32.png) [@Bear76](https://forum.mentalhealthlaw.co.uk/u/Bear76)\
**Post date:** [29 March 2025 19:03 UTC](https://forum.mentalhealthlaw.co.uk/t/does-s3-end-when-patient-has-been-awol-for-six-weeks/3511/1 "2025-03-29T19:03:30Z")

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If someone is on a section 3 can the section be rescinded if the person has been AWOL for 6 weeks even though the section 3 has not expired and the person is still not well? Im being told that according to The Mental Health Act the section expires in this situation but I can’t find anywhere that states this in the Mental Health Act.

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**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\
**Post date:** [31 March 2025 14:32 UTC](https://forum.mentalhealthlaw.co.uk/t/does-s3-end-when-patient-has-been-awol-for-six-weeks/3511/2 "2025-03-31T14:32:14Z")

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My understanding is that Section 18(4) sets a period of 6 months for the patient to be “re-taken” into custody if they’re AWOL. However, the Section 3 itself doesn’t expire until it reaches the end of the relevant period (happy for someone to correct me on this).

I believe the Section 3 can be rescinded in these circumstances. But even if the section has expired, what’s the drawback from an “invalid” administrative rescission?