Leave for Restricted Patients — MRCPsych Paper B MCQ

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ModerateForensic PsychiatryLeave for Restricted PatientsMRCPsych Paper B

A 30-year-old man is detained under sections 37 and 41 of the Mental Health Act 1983. His responsible clinician plans to grant him section 17 leave of absence from hospital into the community. Whose consent must be obtained before this leave is granted?

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Correct answer: A — The Secretary of State for Justice

The correct answer is **B**. A patient detained under section 37 with a section 41 restriction order is a restricted patient. The responsible clinician retains the section 17 power to grant leave, but may exercise it only with the Secretary of State for Justice's consent. In practice, applications are considered through the Ministry of Justice Mental Health Casework Section acting on the Secretary of State's behalf. The responsible clinician alone can authorise section 17 leave for an unrestricted detained patient, but not for this restricted patient. Hospital managers, an AMHP and the nearest relative have no statutory role in consenting to section 17 leave for a restricted patient.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, chapter 21, figure 65, 2015. https://assets.publishing.service.gov.uk/media/5a7f5e07ed915d74e33f5fed/Reference_Guide.pdf