Emergency section 17 leave on section 5(4)/5(2) holding powers


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?
-any thoughts?

Thanks for any help,


Jones manual (25th edition p149) states that s17 leave does not apply to s5(2) [and therefore s5(4)] because there is no RC (see section 34(1) definition of RC where it states RC is for sections 2,3, 7, 17A for Part II)

Hi Taylor,

you might also find page 68, s1-092 of Jones (25th Edition) useful: it covers section 5 and transfers to other hospitals. In summary, if P consents to the transfer, P can be moved to hospital B, and hospital B may need to do a new 5(2) or 5(4) if required; or if it is an emergency and P does not consent/lacks capacity, then s4 might be used and P transferred under section 19.

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