Mental Health and Wellbeing Act 2022
214Determining the period and any conditions of leave
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214 Determining the period and any conditions of leave
For the purposes of determining the period and any conditions of a leave of absence, or whether to vary the period or any conditions of a leave of absence, an authorised psychiatrist must have regard to the following, to the extent that is reasonable in the circumstances—
(a) the purpose of the leave;
(b) the need to ensure the health and safety of the person and the safety of any other person, and to minimise the risk of serious harm to those persons;
(c) the person's views and preferences about the leave of absence, including—
(d) the person's reasons for their views and preferences, including any recovery outcomes that the person would like to achieve;
(e) the views of any guardian of the person;
(f) the views of any carer of the person, if the authorised psychiatrist is satisfied that the grant of leave will directly affect the care relationship between the carer and the person;
(g) the views of a parent of the person, if the person is under 16 years of age;
(h) the views of the DFFH Secretary, if that Secretary has parental responsibility for the person under a relevant child protection order.