I have case whereby a patient who is detained under S3 has gone AWOL from an inpatient ward in the UK. The patient at hand has gone abroad but nobody knows where to.
It has been 6 weeks now and the patient is still not returned to the UK. Their S3 is now due to expire.
I want to ask what would happen and what is allowed within the law in the UK to get the patient to return to the country and resume treatment as an inpatient?
Does the law in the UK allow clinicians to search for the patient and get someone to find them so that they return to the country safely? Or does the patient simply have their S3 cancelled and say that the person is safe in another country and deemed to be staying there for the foreseeable future?
Any guidance or answers would be much appreciated.
If the patient is AWOL, the s3 does not automatically lapse at its normal expiry date.
Under s21, a patient who is AWOL at expiry remains liable to be detained and can be “retaken” subject to the time limits in s18(4). If the patient is later returned and examined during that period, s21A / s21B allow renewal to take effect retrospectively from the original expiry date (see Reference Guide 25.50–25.51).
However, the Act gives no power to compel someone to return from abroad. If the retaking period expires without return, liability ends and any future detention would require a fresh application.
Nothing in law stops anyone making enquiries to find the patient abroad, but there are no powers at all to compel their return to the UK. Having had this situation before, what ended up happening when someone was found in Spain, was Spanish authorities acted under Spanish law and from that situation, the patient agreed to a voluntary return to the UK, but it involved a fresh MHA application on return because the periods Zac refers to in his reply were expired.
Nothing about your scenarios speaks one way or the other towards safety, so that would have to be judged on its individual merit and there could be a version of this where agencies in the destination country decide not to act at all.
Hi so to confirm if the patient has not returned by their expired date say (05.03.2026)… would a patient under S3 have their section renewed even if not found or would it just become void and ended?
So to confirm did your example end up with the patient coming back and still under S3? If they were not found then would they have had their section ended and removed? Or renewed?
I am just making a scenario up in that the patient is able to keep themselves safe abroad and living in another country safe and having a healthy life so would not be deemed needing support …
I personally did this, very smart move by him. Probably nothing wrong with him lol just as there was nothing wrong with me. he section will expire and he will be scott Free. Good on Him. Leave him be.
Hi Chris, the liability to be detained comes to an end 6 months from the date of going AWOL, or upon the expiry of the section period; whichever is the later.
Hi Guy, thank you. Just so I am understanding so say for example the patient goes AWOL 01/03/2026 and then S3 expires 10/03/2026…
If they are not found and gone abroad would they still be deemed to need to come back to the hospital when the S3 expires on the 10th or very soon after? Or would it all expire in 6 months at 01/09/2026 or 10/09/2026?
Assuming the person was in the UK, they could be returned to hospital before midnight 31st August 2026. Sections 21 and 21A or 21B would then come into play to enable the authority to secure further detention under section 3.
Thanks for that… so if the patient was to return to the UK mid September for example the section would be null and void? Therefore assuming the patient is safe and is no longer sectioned under the MHA…
Yes, from 1st September 2026, compulsory powers related to section 3 would lapse and a fresh application would need to be sought if compulsory admission to hospital was thought to be required.