# Returning AWOL on s5(2)

**URL:** <https://forum.mentalhealthlaw.co.uk/t/returning-awol-on-s5-2/3514>\
**Category:** Mental Health Act\
**Tags:** awol\
**Created:** [29 March 2025 23:28 UTC](https://forum.mentalhealthlaw.co.uk/t/returning-awol-on-s5-2/3514 "2025-03-29T23:28:16Z")\
**Posts on this page:** 1\
**Page:** 1

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**Author:** ![anonymous63](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/b782af/32.png) [@anonymous63](https://forum.mentalhealthlaw.co.uk/u/anonymous63)\
**Post date:** [29 March 2025 23:28 UTC](https://forum.mentalhealthlaw.co.uk/t/returning-awol-on-s5-2/3514/1 "2025-03-29T23:28:16Z")

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If someone who is subject to detention under S5(2) absconds from hospital and is deemed as AWOL (s18), and they are found in a private dwelling (their home), what are the powers for removal.

My thoughts are that to take back to hospital you would require a s135(2) warrant. And from reading Jones my only confusion was if the person allowed entry to emergency services but then refused to go, could they be retaken.

Could the police/ambulance service take someone who is refusing back to hospital by force (including use of restraint) and if so, under what piece of legislation?