Leave of Absence
Civil SectionsWhat this section does
Lets your Responsible Clinician give you time away from the hospital while you remain legally detained — from a few hours to overnight stays and longer visits home, often used to test readiness for discharge. Leave can carry conditions, such as where you stay or taking medication, and you can be recalled to hospital at any time.
Who it applies to
Detained patients (for example under Section 3 or Section 37) who are well enough to spend time outside hospital.
Your rights
You can ask your Responsible Clinician for leave, and it should be considered as part of your care planning. If you are recalled you must return, and your detention continues.
Time limits
No fixed limit — leave counts within your detention period. For Section 3 patients, recall from leave can affect when renewal falls due; ask your Responsible Clinician how leave affects your dates.
How to challenge it
A refusal of leave cannot be appealed on its own, but you can raise it with the hospital managers or at your tribunal, and conditions attached to leave can be challenged there too.
Key cases
Rabone v Pennine Care NHS Trust (2012) — hospitals owe a duty to protect patients at real and immediate risk of suicide when granting leave.
Last updated: 9/13/2026