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Absence with leave
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38. (1) A responsible consultant psychiatrist may, in respect of an involuntarily admitted person and subject to subsection (2), grant permission in writing (in this Act referred to as a “permitted absence”) to the person to be absent from the registered acute mental health centre concerned subject to such conditions as the responsible consultant psychiatrist considers appropriate and so specifies in writing.
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(2) A permitted absence given to a person shall not exceed 14 continuous days and shall not exceed the unexpired period of an involuntary admission order or renewal order, as the case may be, in respect of the involuntarily admitted person.
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(3) Where a person is absent from a registered acute mental health centre pursuant to subsection (1), the responsible consultant psychiatrist may, if he or she is of the opinion that it is clinically appropriate to do so, withdraw the permission granted under subsection (1) and direct the person in writing to return to the registered acute mental health centre.
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(4) The responsible consultant psychiatrist may extend in writing the period of permitted absence by such further periods not exceeding 14 continuous days, and for so long a period as does not exceed the unexpired period of the involuntary admission order or renewal order, as the case may be, in respect of the person.
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(5) Any notice of an extension of absence given under subsection (4) shall be notified to the Commission within 24 hours of the making of the notice in a form specified by the Commission.
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(6) The Commission shall prepare and publish a code of practice in relation to this section.
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