# What to do if a patient has gone AWOL for over 3-4 weeks and on S3

**URL:** <https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048>\
**Category:** Mental Health Act\
**Tags:** awol\
**Created:** [10 August 2025 08:27 UTC](https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048 "2025-08-10T08:27:35Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![Christoph](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/eb8c5e/32.png) [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\
**Post date:** [10 August 2025 08:27 UTC](https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048/1 "2025-08-10T08:27:35Z")

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Hi,  
I was wondering what happens to a patient that has been sectioned/detained under the MHA on S3 and gone AWOl (missing) for over 3-4 weeks now.

The patient is still designated her bedroom but would it be the case that she would have to be discharged if cannot be found?

What happens if the patient does or does not return?  
Thanks

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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:** [10 August 2025 13:20 UTC](https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048/2 "2025-08-10T13:20:36Z")

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I recall a case I was involved in where the patient was no longer AWOL or liable to detention after 28 days! It must be referenced in Jones somewhere

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**Author:** ![Richard\_Rook](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/ecb155/32.png) [@Richard\_Rook](https://forum.mentalhealthlaw.co.uk/u/Richard_Rook)\
**Post date:** [10 August 2025 18:50 UTC](https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048/3 "2025-08-10T18:50:53Z")

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A section 3 patient can be taken back into detention until their section is due to expire or six months from the day they went AWOL (whichever is longer). See section 18 of the MHA.

What happens if the patient returns or is brought back to the hospital during that time is set out in sections 21, 21A and 21B of the Act. In short, the responsible clinician will always have at least seven days to examne them and decide whether to renew their section (if necessary). If they’ve been away for more than 28 days, the responsible clinician must make a report to the managers within seven days confirming the patient stil meets the criteria for continued detention (otherwise the patient’s section ends automatically).

The rules are explained in chapter 25 of the [MHA Reference Guide](https://www.mentalhealthlaw.co.uk/Department_of_Health,_Reference_Guide_to_the_Mental_Health_Act_1983_(2015)) (paras 25.21 onwards)