# \#leave **URL:** https://forum.mentalhealthlaw.co.uk/tag/leave/13.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [Ground leave vs community leave for s17 purposes](https://forum.mentalhealthlaw.co.uk/t/ground-leave-vs-community-leave-for-s17-purposes/5593)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 3\ **Last updated:** [9 May 2026 14:31 UTC](https://forum.mentalhealthlaw.co.uk/t/ground-leave-vs-community-leave-for-s17-purposes/5593 "2026-05-09T14:31:41Z")
Continuing the discussion from "Supervised conditional discharge": Likewise there is still the MOJ position as of late last year where ‘Ground leave’ is seen as ‘not community leave’ even when for some hospitals there i… --- ## [Scope of tribunal's power under s72 to recommend leave](https://forum.mentalhealthlaw.co.uk/t/scope-of-tribunals-power-under-s72-to-recommend-leave/3292)
**Author:** [@Lyndall](https://forum.mentalhealthlaw.co.uk/u/Lyndall)\ **Replies:** 4\ **Last updated:** [26 January 2026 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/scope-of-tribunals-power-under-s72-to-recommend-leave/3292 "2026-01-26T20:32:59Z")
On a recent case I made an application for a statutory recommendation for unescorted leave and was informed that this can only be made where a patient has no leave whatsoever. I have always interpreted this provision as … --- ## [Discharging a patient without the RC seeing them](https://forum.mentalhealthlaw.co.uk/t/discharging-a-patient-without-the-rc-seeing-them/3607)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 2\ **Last updated:** [2 May 2025 20:41 UTC](https://forum.mentalhealthlaw.co.uk/t/discharging-a-patient-without-the-rc-seeing-them/3607 "2025-05-02T20:41:06Z")
Hi If a patient is going on S17 leave for a period of weeks to see if the accommodation is right for them, the placement will apply for DOL’s, when in place the RC will discharge them from the S3. Does the RC have to p… --- ## [Who decides S17 leave? You may be surprised](https://forum.mentalhealthlaw.co.uk/t/who-decides-s17-leave-you-may-be-surprised/3457)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [13 March 2025 20:03 UTC](https://forum.mentalhealthlaw.co.uk/t/who-decides-s17-leave-you-may-be-surprised/3457 "2025-03-13T20:03:04Z")
The question “Who decides S17 leave?” may appear to be a silly one because ‘everybody’ knows that it is the RC’s responsibility to decide whether to grant leave (surely with MDT involvement and all that jazz). So what’s … --- ## [Which patients can be granted s17 leave?](https://forum.mentalhealthlaw.co.uk/t/which-patients-can-be-granted-s17-leave/3300)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 3\ **Last updated:** [22 February 2025 01:31 UTC](https://forum.mentalhealthlaw.co.uk/t/which-patients-can-be-granted-s17-leave/3300 "2025-02-22T01:31:31Z")
Yuh know - over the years I have simply accepted what I have been told. Not good. I looked deeply into the MHA 1983(Amended 2007), MHACOP, MHA Reference Guide to find out if S17(3) leave was prohibited for: S4 S5(4) S… --- ## [s17 leave where the patient does not want to go](https://forum.mentalhealthlaw.co.uk/t/s17-leave-where-the-patient-does-not-want-to-go/3177)
**Author:** [@Ella1](https://forum.mentalhealthlaw.co.uk/u/Ella1)\ **Replies:** 8\ **Last updated:** [30 January 2025 06:16 UTC](https://forum.mentalhealthlaw.co.uk/t/s17-leave-where-the-patient-does-not-want-to-go/3177 "2025-01-30T06:16:46Z")
Hi all, can someone be sent out on s17 leave against their will, and can it authorise any restraint needed to get them from A to B? Many thanks for any thoughts. --- ## [Arrest of sectioned patient](https://forum.mentalhealthlaw.co.uk/t/arrest-of-sectioned-patient/2115)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 9\ **Last updated:** [20 January 2025 11:07 UTC](https://forum.mentalhealthlaw.co.uk/t/arrest-of-sectioned-patient/2115 "2025-01-20T11:07:18Z")
Can a patient under section 2 or 3 be arrested. I am aware a patient can be criminally prosecuted for a offence committed on section if they had criminal capacity at time of offence. But for example if the police were … --- ## [Indefinite s17(3) leave (section 3 patient)](https://forum.mentalhealthlaw.co.uk/t/indefinite-s17-3-leave-section-3-patient/2766)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [30 September 2024 09:07 UTC](https://forum.mentalhealthlaw.co.uk/t/indefinite-s17-3-leave-section-3-patient/2766 "2024-09-30T09:07:50Z")
Hi all RC is having a clash with inpatient staff regarding the management of the above. The patient has been in supported living for over a year now doing well under restrictions as part of the s17(3) leave framework. R… --- ## [Staff shortages affecting s17 leave](https://forum.mentalhealthlaw.co.uk/t/staff-shortages-affecting-s17-leave/2382)
**Author:** [@Advocate22](https://forum.mentalhealthlaw.co.uk/u/Advocate22)\ **Replies:** 4\ **Last updated:** [26 April 2024 11:50 UTC](https://forum.mentalhealthlaw.co.uk/t/staff-shortages-affecting-s17-leave/2382 "2024-04-26T11:50:44Z")
Hi, I am an IMHA supporting patients detained on an acute NHS ward. Staffing circumstances are reportedly becoming more and more strained to the extent that patient are increasingly unable to access the s17 leave grant… --- ## [Restricted patient hospital transfer while on long s17 leave](https://forum.mentalhealthlaw.co.uk/t/restricted-patient-hospital-transfer-while-on-long-s17-leave/2375)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 6\ **Last updated:** [26 April 2024 09:31 UTC](https://forum.mentalhealthlaw.co.uk/t/restricted-patient-hospital-transfer-while-on-long-s17-leave/2375 "2024-04-26T09:31:54Z")
Hi If a patient is on S17 at a community placement, the hospital holding his S3 papers is due to close, the patients papers need to be transferred to another hospital which has accepted him. Does the patient have to go … --- ## [Procedure for granting section 17 leave](https://forum.mentalhealthlaw.co.uk/t/procedure-for-granting-section-17-leave/2111)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 4\ **Last updated:** [5 January 2024 22:25 UTC](https://forum.mentalhealthlaw.co.uk/t/procedure-for-granting-section-17-leave/2111 "2024-01-05T22:25:03Z")
Can a doctor trained and registered to act as an RC who is not the patients RC and are not in writing as an acting RC for them still grant the patient leave? If not what happens with duty consultants - I know when I call… --- ## [Refusal of s17 leave for court appearance](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 1\ **Last updated:** [5 January 2024 09:28 UTC](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113 "2024-01-05T09:28:28Z")
Can RC refuses leave for a court appearance? If they cant then - where is this said in law, case law or tertiary legislation /guidance? If they can the would the patient not be committing an offence of failing to atten… --- ## [Release from ward of sectioned person without s17 in exceptional circumstances ](https://forum.mentalhealthlaw.co.uk/t/release-from-ward-of-sectioned-person-without-s17-in-exceptional-circumstances/2114)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 1\ **Last updated:** [5 January 2024 09:08 UTC](https://forum.mentalhealthlaw.co.uk/t/release-from-ward-of-sectioned-person-without-s17-in-exceptional-circumstances/2114 "2024-01-05T09:08:07Z")
Can a nurse legally let a patient on section off a ward without s17 in exceptional circumstances? For example if an ambulance was with a patient for say a cardiac arrest would the nurse have to wait for s17 to be writte… --- ## [S17 leave for s37/41 patient](https://forum.mentalhealthlaw.co.uk/t/s17-leave-for-s37-41-patient/1524)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 14\ **Last updated:** [25 October 2023 03:06 UTC](https://forum.mentalhealthlaw.co.uk/t/s17-leave-for-s37-41-patient/1524 "2023-10-25T03:06:04Z")
I have a client who is seeking Conditional Discharge. They have an offer of place in supported accommodation but overnight leave has not yet been approved by the MoJ (although it is expected to be shortly). I am trying … --- ## [Section 17 leave suspension - Covid-19](https://forum.mentalhealthlaw.co.uk/t/section-17-leave-suspension-covid-19/328)
**Author:** [@H.ali](https://forum.mentalhealthlaw.co.uk/u/H.ali)\ **Replies:** 5\ **Last updated:** [10 February 2021 22:59 UTC](https://forum.mentalhealthlaw.co.uk/t/section-17-leave-suspension-covid-19/328 "2021-02-10T22:59:48Z")
I am currently in process of challenging a private hospital’s policy on suspending all s.17 community leave in the midst of the pandemic. I struggle to see how a blanket policy (regardless of the pandemic) is proportiona…