Indefinite s17(3) leave (section 3 patient)

Law and practice Mental Health Act
1

Hi all

RC is having a clash with inpatient staff regarding the management of the above. The patient has been in supported living for over a year now doing well under restrictions as part of the s17(3) leave framework. RC has clearly and sensibly justified why COP DoLS would not be enough or applicable as patient has fluctuating capacity and a CTO has always broken down quickly in the past. Patient has monthly clozapine monitoring and MDT reviews by the RC and care co. The risk assessments are being managed by the RC/care co/and supported living staff.

There is no bed for him on the ward but he is still showing on the inpatient ward status as a clinically ready for discharge. The inpatient staff want to discharge him from the ward for this reason and do not want to sign off the s17 leave forms on behalf of the hospital managers.

Does anyone have any guidance or can signpost me to the governance arrangements that should be in place to effectively manage this situation? Also the patient is due to have an auto referral with the Tribunal in April next year - if the patient is still subject to long term leave in the community will they be in a position to demand a named nurse report?

How do other Trusts manage this situation?

Sorry for such a lengthy post.

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Assuming that the RC has followed s.17 correctly (nurses and hospital managers have no part to play in the authorisation) and continues to be of the opinion that s.3 is necessary etc, I can’t see that there is anything to manage, other than reflecting the situation on the patient’s record. Yes, the Tribunal will require a report from a Nurse.

1 Like
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If a patient is on s.17 leave and continues to be so for any lengthy period. Then, in theory, there must be a bed for the patient on the ward should there be a need. But in practice the bed is used for other patients.

As for Manager Hearing /MHRT then yes the usual reports are required.