Mental Health Act 20266
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Absence without leave | ||
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39. (1) Where an involuntarily admitted person in respect of whom an involuntary admission order or a renewal order is in force— | ||
(a) leaves a registered acute mental health centre otherwise than by way of a permitted absence, | ||
(b) fails to return to the registered acute mental health centre in accordance with any direction given to him or her under section 38 or on the expiration of the permitted absence, or | ||
(c) fails, in the opinion of the responsible consultant psychiatrist, to comply with any condition specified in the permitted absence, | ||
the clinical director of the registered acute mental health centre concerned shall arrange for a member or members of the staff of the centre or other person or persons, duly authorised in that behalf under section 19 , to bring the person back to the registered acute mental health centre. | ||
(2) Where a member of staff or another person duly authorised in that behalf under section 19 , as the case may be, is unable to bring the admitted person back to the registered acute mental health centre, the clinical director or a consultant psychiatrist acting on his or her behalf shall, if necessary, request An Garda Síochána to assist in bringing the person back to that registered acute mental health centre and where An Garda Síochána receives a request in that regard, An Garda Síochána shall comply with such a request as soon as practicable. | ||
(3) A member of An Garda Síochána may for the purposes of this section— | ||
(a) enter if needs be by force any dwelling or other premises or any place if he or she has reasonable cause to believe that the person concerned is to be found there, and | ||
(b) take all reasonable measures to bring the involuntarily admitted person back to the registered acute mental health centre including, where necessary, the detention or restraint of the person concerned. | ||
(4) The clinical director of a registered acute mental health centre shall notify the Commission of all absences referred to in subsection (1) in a form specified by the Commission within 24 hours of the absence occurring. |