Use Form 5

The doctor cannot persuade the patient to remain in hospital to allow for an assessment to take place by the person's own GP or another medical practitioner and if necessary the ASW/nearest relative.

The doctor completes an application using Form 5, setting out reasons why voluntary treatment is not or is no longer appropriate. LINK TO FORM 5

The doctor advises the patient that he is now detained under Article 7 (3) of the Order and that he cannot leave hospital until he has been seen by his GP or another medical practitioner, with a view to making a medical recommendation for detention in hospital for assessment. LINK TO ASW CONTACTS LIST

May any doctor/medical practitioner use this power?

No. The Order states that it must be a medical practitioner on the staff of the hospital. Article 7 (2)

The doctor ensures that a request is made as a matter of urgency to the patient's GP or another medical practitioner for attendance at the hospital to consider the making a medical recommendation for the patient's detention in hospital for assessment. It may be advisable, at this stage, to advise the patient's next of kin or nearest relative (if known) and the duty ASW of the situation.

May the patient be transferred to another hospital using Form 5?

No. This is a holding power only and the patient cannot be transferred to another hospital. However if necessary and proportionate the patient may be transferred to another ward/facility within the hospital.

May the patient be forced to accept treatment under the Order during the 48 hour holding period?


Who can make the medical recommendation in relation to a patient who is currently an in-patient in a psychiatric or learning disability hospital?

Where practicable the patient's own GP should attend the hospital to give the medical recommendation on which the application would be founded.

A doctor on the staff of the hospital in which it is intended the assessment should be carried out cannot give the recommendation except in a case of urgent necessity. Article 6 (c).

The Code states that the Order does not prohibit a doctor on the staff of another hospital from making the medical recommendation, but it is preferable for this to be done by the patient's own GP, or by another practitioner who has previous knowledge of the patient. Article 6 (b).

Therefore all attempts should be made by hospital nursing and medical staff involved to ensure that the patient's own GP is requested to attend the hospital to consider and if necessary complete the medical recommendation.

What if the person is not registered with a GP?

In this circumstance the assistance of a medical practitioner should be sought through local emergency primary care arrangements.