# What is the precedent of a patient being given leave when in seclusion

**URL:** <https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506>\
**Category:** Mental Health Act\
**Created:** [15 June 2024 13:33 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506 "2024-06-15T13:33:48Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Damo49](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/94ad74/32.png) [@Damo49](https://forum.mentalhealthlaw.co.uk/u/Damo49)\
**Post date:** [15 June 2024 13:33 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506/1 "2024-06-15T13:33:48Z")

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Can you advise on case law or practice standards etc around patients having leave whilst in seclusion

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**Author:** ![Steviek](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/f04885/32.png) [@Steviek](https://forum.mentalhealthlaw.co.uk/u/Steviek)\
**Post date:** [15 June 2024 15:13 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506/2 "2024-06-15T15:13:39Z")

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I’m a little confused! By definition how can one be in seclusion and yet obtain s17 leave! If leave is obtainable then it follows that seclusion is no longer required?

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**Author:** ![kyle5](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/f4b2a3/32.png) [@kyle5](https://forum.mentalhealthlaw.co.uk/u/kyle5)\
**Post date:** [16 June 2024 11:56 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506/3 "2024-06-16T11:56:52Z")

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Are you inferring seclusion as in hours , or days? Was s.17 leave already insitu?  
If a patient is in seclusion, Why? The risk assessment should take into account any type of leave from detainment.

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**Author:** ![Damo49](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/94ad74/32.png) [@Damo49](https://forum.mentalhealthlaw.co.uk/u/Damo49)\
**Post date:** [17 June 2024 21:49 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506/4 "2024-06-17T21:49:17Z")

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Hi, just to clarify. The patient, under sec2 was placed in seclusion, but granted sec 17 leave for up to six hours and then resecluded at the ned of sec 17 leave. This happened multiple times.

Thanks