22

Use Form 2

If the ASW considers that admission to and detention in hospital is the most appropriate way of meeting the person's needs and that no alternative to admission is available in the community he must complete Form 2. LINK TO FORM 2 The application must be made to the relevant authority. LINK TO List of Trust Headquarters Addresses

If it is not practicable for the ASW to consult with the nearest relative prior to making the application the ASW must make all efforts, if reasonably practicable, to advise the nearest relative as soon as possible following this action.

If Form 3 was not completed by the person's own G.P. or a medical practitioner with previous acquaintance with the person, the ASW must record the reasons why on Form 2.

Has the ASW "a duty" to make the application?

Yes. Article 40 states that the ASW has a duty to "make an application for assessment in respect of a patient within the area of the Trust by which that officer is appointed in any case where –

(a) He is satisfied that an application ought to be made; and

(b) He is of the opinion, having regards to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him"

When should the person whose detention is being sought and the nearest relative be advised of their rights?

The patient and his nearest relative must be advised of the process of assessment and if necessary application for admission for assessment, including his rights, at all times during the assessment process. LINK TO PATIENT INFORMATION LEAFLET and NEAREST RELATIVE INFORMATION LEAFLET (customised for Belfast Health and Social Care Trust)