The ASW should not make the application if he is not satisfied that such an application is the most appropriate way of meeting the person's needs.

The Code 2.29 states that the ASW must advise and discuss the reasons for not making the application with the GP/medical practitioner who has completed Form 3 and the nearest relative. The ASW should also advise the nearest relative of his right to apply and suggest that he consults with GP/ medical practitioner if he wishes to consider this alternative.

The ASW is required under Article 40(4) to provide the nearest relative with a written statement of the reasons for not applying for the patient's admission if the ASW has been acting on the request of the nearest relative.

This statement should contain sufficient details to enable the nearest relative to understand the decision whilst at the same time preserving the patient's right to confidentiality.