I have come across a case were a patient requested to leave a mental health hospital as a informal patient and was placed on a section 5, 4. He then self harmed to an extent that he need medical reviwe in the local a and e.
An on call consultant wrote up ermgency section 17 leave to the local general hospital under section 5,4. Patient was then restrained and taken by ambulance to a and e and treated with staff stating restraints were uesed under section 18 return to hosptial or place required to be by section 17.
In a and e the section 5,4 expiered, a consultant in a and e then placed patient on 5,2 - stating original hospital as the 5,2 hospital. The on call consultant phscycitrist of original hospital then re wrote a section 17 leave form with the 5,2 as the section.
Then patients section 17 was resinded to allow patient to be brought back to original hospital under section 18 .
-is this right / legal ?
-dose section 17 apply to holding powers?
-can someone be 5,2 to a hosptial they are not physically in
-is 5,2 vaild as it was done in a and e?
-can an absconder from a 5,2/4 be brought back under section 18?
-is any subsequent section under 2 or 3 vaild ?
-what can a professional presented with this sanorio do ?
-can patient take retrospective legal action?
Thanks for any help,