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Informal Patient Leaving — MRCPsych Paper B MCQ

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EasyMental Health LawInformal Patient LeavingMRCPsych Paper B

An adult patient has been admitted informally to a psychiatric ward in England. He has capacity to decide whether to remain in hospital but now wishes to leave against medical advice. Which statement best reflects the Mental Health Act Code of Practice?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: B — He may leave unless a lawful holding or detention power is applied

Explanation lettering: D = shown as C · C = shown as D

An informal patient with capacity remains in hospital by consent and must be allowed to leave unless a lawful authority for detention is applied. Section 5(2) is not an automatic response to leaving against advice: the doctor or approved clinician in charge, or their nominated deputy, must conclude that an application for detention should be made, and that it is not practicable or safe to proceed without detaining the patient in the interim. Staff cannot impose an undocumented 72-hour hold (A), and section 3 requires a formal application rather than arising automatically (C). Police involvement is not routine or a substitute for lawful detention (D). Leaving the ward does not necessarily terminate follow-up or other secondary mental healthcare (E).

Reference: Department of Health, Mental Health Act 1983: Code of Practice, paragraphs 8.11, 18.3 and 18.9, 2015. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/396918/Code_of_Practice.pdf