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Use Form 3

If satisfied that the person meets the criteria for detention in hospital for assessment the medical recommendation should be made to the relevant authority* using the prescribed form (Form 3) and should include;

  • a statement that, in the opinion of the recommending doctor, the grounds set out in Article 4 (2) (a) and (b) apply;
  • the grounds, including a clinical description of the mental condition, for his opinion that the detention is warranted; and
  • the evidence for his opinion that failure to detain the patient would create a substantial likelihood of serious physical harm. Code 2.22

The GP/medical practitioner must have examined the person no more than 2 days before the date the medical recommendation is signed.

The GP/medical practitioner should then recommend that an application under the Order be considered. LINK TO FORM 3
* LINK TO List of Trust Headquarters Addresses

Who can make the application?

The application can be made by –

(a) The nearest relative of the patient LINK TO ROLE OF NEAREST RELATIVE; or

(b) An approved social worker. LINK TO ROLE OF ASW.

Although in most situations it is the ASW who will make the application the nearest relative also has the right to do so.

If the nearest relative indicates that he wishes to exercise this right, the GP/medical practitioner should discuss the difficulties that this action might cause in the relationship with the person whose detention in hospital is being considered and the nearest relative should be advised that an ASW can be contacted and asked to consider making the application.

What must the Trust do if the nearest relative requests that an ASW make the application?

Article 40 states that It shall be the duty of a Board or authorised HSC Trust, if so required by the nearest relative of a patient residing in its area, to direct an ASW as soon as practicable to take a person's case into consideration with a view to making an application for that person to be admitted to hospital for assessment under the Order.