Hi everyone, 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 …

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 al…

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 situatio…

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? Just want to make sure i understand fully.

Thank you. 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 ano…

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…

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.

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Patient detained on S3 gone AWOL abroad - S3 expires and still not returned - what happens?

Law and practice Mental Health Act