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Mental Health Bill [HL]

The noble Baroness clearly and rightly wishes in the amendment to rectify an apparent anomaly in the Act. A patient subject to guardianship may be returned to the place where he is required to reside if he absconds from it, but there is no specific power to take him there in the first place. That is inconsistent, and there clearly is a lacuna in the Act. We recognise that there should be a specific power. However, I draw the Committee’s attention to Schedule 3 to the Bill, which in paragraph 3(5) inserts a new subsection into Section 18 of the Act. The new subsection has precisely the effect that the noble Baroness is seeking, by providing that any patient who is required to reside in a particular place under the Act may be taken there, as well as returned there, should he abscond. This provision will apply to patients subject to guardianship or on leave of absence. It will also mean that patients on supervised community treatment who are recalled to hospital can be taken to that hospital. I have looked back through the Explanatory Notes on this matter and I acknowledge that they do not make clear this change in respect of guardianship. I apologise for the omission. I hope, however, that when your Lordships have had an opportunity to look at the relevant subsections, they will agree that the anomaly raised by the noble Baroness is dealt with in the Bill. I hope that the noble Baroness will feel able to withdraw her amendment.