Person can be conveyed to hospital for a period of assessment (within 48 hours of the medical recommendation)
The person, whose detention in hospital is sought, may be taken to hospital once an Application for assessment has been properly completed. This Application (Form 1 or 2), founded on a properly completed Medical Recommendation (Form 3), together constitute sufficient authority for the compulsory removal and conveyance of the person to the hospital. Article 8 (1)
The ASW must ensure that both the medical recommendation and application have been properly completed. Care must be taken that the person's name and address and those of the nearest relative are correct, that both forms are properly dated and signed and that the application and medical recommendation has been made to the appropriate Health and Social Care Trust with correct full address of that Trust on both forms and that the name of the hospital is clearly identified in the application. See Appendix list of HSCTs.
Can the person refuse to go to hospital?
No. Once the application is made the person is in the legal custody of the applicant, or person delegated by him. The person has a right to appeal to the Mental Health Review Tribunal against his detention in hospital once he is admitted.
What if the person has no "fixed abode", is not a resident of the Trust or the jurisdiction?
In situations where the person is of no fixed abode or is not a resident of the jurisdiction a bed should be sought in and an application made to the nearest hospital.
In situations where the person is a resident of another Trust area a bed should be sought in and an application made to that Health and Social Care Trust and the appropriate hospital identified.
When must the person be conveyed to hospital?
The Order states that the person must be admitted to hospital within 2 days beginning with the date on which the medical recommendation was made.
Can this period be extended?
Yes, in exceptional circumstances this period can be extended up to 14 days. A Part II doctor must complete Form 4, setting out the exceptional circumstances that make the extension necessary. Article 8 (1) (ii)
How and in what circumstances can this period be extended?
Article 8 (ii) states that in exceptional circumstances the period for the conveyance and admission to hospital can be extended from 2 days to a period of no more than14 days from the date of the medical recommendation. Exceptional circumstances could include problems in locating the person or difficulty in accessing the assistance necessary to transport the person safely to hospital. In this circumstance the applicant (ASW or nearest relative) must get a certificate in the prescribed form, Form 4, from a Part II doctor stipulating the number of days to which it can be extended and giving reasons for the extension. LINK TO FORM 4