Mental Health Act 2001

Absence without leave.


27.—(1) Where a patient in respect of whom an admission order, a renewal order or an order under section 25 is in force—

(a) leaves an approved centre without permission under section 26,

(b) fails to return to the approved centre in accordance with any direction given under the said section 26 or on the expiration of the period for which absence or leave was permitted under that section, or

(c) fails, in the opinion of the consultant psychiatrist responsible for the care and treatment of the patient, to comply with any condition specified in section 26,

the clinical director of the approved centre concerned may arrange for members of the staff of the centre F31[or authorised persons] to bring the patient back to the approved centre or, if they are unable to do so and the clinical director is of the opinion that there is a serious likelihood of the F32[patient] causing immediate and serious harm to himself or herself or F33[to other persons], the clinical director or a consultant psychiatrist acting on his or her behalf may, if necessary, request the Garda Síochána to assist F34[in such bringing back] of the person to that centre and the Garda Síochána shall comply with any such request.

(2) A member of the Garda Síochána may for the purposes of this section—

(a) enter if need be by force any dwelling or other premises where he or she has reasonable cause to believe that the patient may be, and

(b) take all reasonable measures necessary for the return of the patient to the approved centre including, where necessary, the detention or restraint of the patient.

(3) In this section “patient” includes a child in respect of whom an order under section 25 is in force.




Inserted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(4)(a), commenced on enactment.


Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(4)(b), commenced on enactment.


Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(4)(c), commenced on enactment.


Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 63(4)(d), commenced on enactment.