Mental Health Act 20266
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Absence with leave of child | ||
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82. (1) Subject to the terms of any involuntary admission order or renewal order made under section 66 or 67 , the responsible consultant psychiatrist in respect of an involuntarily admitted child may, subject to subsection (4), give permission in writing (in this Act referred to as a “permitted absence”)— | ||
(a) to an involuntarily admitted child aged 16 years or older, or | ||
(b) in the case of an involuntarily admitted child under 16 years of age or an involuntarily admitted child aged 16 years or older assessed as lacking capacity to consent under section 61 , to the child’s parents or guardian or the Agency, | ||
to permit the child 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. | ||
(2) Where a permitted absence is given under subsection (1) to— | ||
(a) a child the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or | ||
(b) a child under 16 years of age or aged 16 years or older assessed as lacking capacity to consent under section 61 , | ||
he or she shall be released into the care of his or her relevant carer for the duration of the permitted absence. | ||
(3) The responsible consultant psychiatrist shall, where practicable, give adequate notice of not less than 3 days to the child’s relevant notified carers in advance of giving a permitted absence under subsection (1). | ||
(4) A permitted absence given under subsection (1) shall not exceed 14 continuous days and shall not exceed the unexpired period of an involuntary admission order or a renewal order, as the case may be, in respect of the child. | ||
(5) Where a child is absent from a registered acute mental health centre pursuant to a permitted absence, the responsible consultant psychiatrist may, if he or she is of the opinion that it is clinically appropriate to do so, withdraw the permitted absence and give a direction to the child and his or her relevant carer for the child to return to the registered acute mental health centre. | ||
(6) The responsible consultant psychiatrist may extend in writing the period of permitted absence by additional periods not exceeding 14 continuous days, and for so long as an additional period does not exceed the unexpired period of the involuntary admission order or renewal order. | ||
(7) Where an extension of absence is given under subsection (6), notice of it shall be given to the persons referred to in paragraphs (a) and (b) of subsection (1) and to the Commission within 24 hours of the making of the notice in a form and manner specified by the Commission. |