If the ASW is satisfied that there are no alternatives to compulsory admission to hospital and that an application ought to be made the ASW should advise the patient, the recommending medical practitioner and the person's nearest relative as soon as possible of this decision.

The ASW must make all efforts to consult with the nearest relative and should delay making the application to allow for this statutory duty to be exercised. However the application must be made before the expiry of the Form 5 holding power period, 48 hours.

The ASW must consider if it is not reasonably practicable to contact the nearest relative before the holding period expires or would cause unreasonable delay. The ASW should consider the urgency of the patient's situation. The patient may need to be sedated as a matter of urgency if there is a substantial likelihood of serious physical harm to himself or others or to prevent a deterioration in his mental state or the patient's behaviour may be so disturbed that he may need to be transferred to a more secure environment in another hospital. In this situation the ASW may proceed with the application without consultation with the nearest relative. Article 5 (3)

If the nearest relative informs the ASW that he objects, the ASW must consult with a second ASW before proceeding with the application. Article 5 (4). The ASW should must advise the nearest relative of the outcome of this consultation and provide information regarding any additional nearest relative rights under the Order.