The Mental Health Act 2001

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Date:
30 November 2006

Category:
General FAQs

Question:
I have a query regarding whether a voluntary patient who is transferred to a secured unit in the Approved Centre is deemed to be detained under section 23 (1). The patient has remained as voluntary - but given that the unit is secure and thus prevents them leaving - under the Act would this be considered detention?

Answer:

The Mental Health Act 2001 is silent regarding secure units. Services should have their own policies to reflect the use of secure units.



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