Section 17 Leave Under the Mental Health Act: A Care Staff Guide

Being detained under the Mental Health Act does not always mean being on a locked ward. Section 17 allows a patient to be granted leave of absence from hospital, whether for a short walk in the grounds, a home visit or a longer period to prepare for discharge. It is a core part of recovery planning, and one where care staff are often the ones who carry out and observe the leave. This guide explains how it works and what staff should record.

It is general information, not legal advice. Always follow your organisation's policy and the current Mental Health Act Code of Practice.

What is Section 17 leave?

Section 17 of the Mental Health Act 1983 lets the responsible clinician grant a detained patient leave of absence from hospital. The leave can be for a specified period or until further notice, and it may be granted on conditions. While on leave, the patient remains subject to the Act and can be recalled.

Who authorises leave?

The responsible clinician is the person with authority to grant leave. In practice they take advice from the multidisciplinary team, the patient and, where appropriate, family or carers. For restricted patients, the Secretary of State for Justice must also agree to leave beyond specified limits, so the Ministry of Justice is involved in the decision.

Conditions that can be attached

The responsible clinician may attach conditions that are necessary in the patient's interests or for the protection of other people. Examples include:

• being escorted by staff, a relative or another named person
• staying within a particular area or avoiding certain places or people
• returning by a set time
• not using alcohol or drugs while on leave

The responsible clinician can also direct that a patient remain in custody while on leave, for example when being taken to another hospital. Staff should make sure every condition is written down and that the patient, and anyone escorting them, understands it.

Types of leave

• Ground leave. Time in the hospital grounds, often escorted first.
• Escorted community leave. Leave off site with staff.
• Unescorted leave. Leave without staff, usually after a risk review.
• Overnight or home leave. Periods at home that prepare for discharge.
• Extended leave. Longer periods, which need careful thought.

When leave goes beyond a week

Practice guidance says that if a patient is likely to be on leave for more than seven consecutive days, the team should consider whether a community treatment order is more appropriate. Recent case law has made clear that leave does not require a significant part of the patient's treatment to be given in hospital. Occasional outpatient reviews can be enough. See our guide to community treatment orders for how the order works.

Recalling a patient from leave

The responsible clinician can revoke leave and recall the patient by giving written notice, as long as the detention authority has not expired. The law requires that the recall is necessary, for example because of a risk to the patient's health or safety or to others. For restricted patients, the Secretary of State can also recall. Staff should know who to call, what to do if a patient cannot be found, and how to involve the police if the patient refuses to return.

Risk assessment and recording

Good leave decisions rest on a clear, current risk assessment. Before and after each period of leave, staff should:

• check that the leave form is current and signed
• confirm the conditions with the patient and any escort
• agree an emergency plan and contact numbers
• brief the patient on medication, what to do if they feel unwell and when to return
• record what happened on return, including mood, substance use and any incidents

Patients should be involved as much as possible. The Code of Practice expects their views to be taken into account, and good practice includes sharing the plan with their advocate. Our guide to mental health tribunal rights covers related rights, and our overview of Mental Health Act 2025 changes explains where reform may affect practice over time.

Common mistakes

• Verbal permission only. Leave must be authorised and documented.
• Out-of-date forms. A leave form that does not match the current risk is a legal and safety problem.
• Escort uncertainty. Escorts must know whether they have to stay with the patient at all times.
• Leaving the patient's views out. Ask how they felt about the leave, not just what happened.
• Allowing leave to drift. Repeated long periods of leave should prompt review of the legal route.

Frequently asked questions

Can a nurse authorise Section 17 leave?

No. The responsible clinician authorises it. Nurses help assess risk, carry out the plan and record what happens.

Can leave be cancelled at short notice?

Yes. If circumstances change, the responsible clinician or the team following local policy can suspend leave or recall the patient, and the reasons should be recorded.

Does the patient stop being detained while on leave?

No. They stay subject to the Act while on leave and can be recalled.

Where can teams find training?

See the CPD hub for professional development options for care and healthcare teams.

Learnsignal will update this guide as the Code of Practice and the 2025 Act reforms are put into practice.