ASW considers need for application
In most situations the GP/medical practitioner will have consulted with the ASW at an early stage and in most cases the ASW will act as the applicant, as the Code encourages. However if
As stated previously it is good practice for both professionals involved in the assessment process to be present at the same time. The Code 2.19 also states that the ASW should consult with the medical practitioner who is making or has made the medical recommendation and whenever possible other professionals who have been involved with the patient's care.
What statutory duties does the ASW have in this situation?
Article 40 of the Order places a duty on the ASW to make an application where he is satisfied that an application ought to be made and that it is necessary or proper for the application to be made by him. LINK TO ROLE OF ASW
The ASW is required to have seen the person whose detention is sought within the 2 days prior to making its application.
The Code 2.14 states that:
To satisfy himself that it is necessary and proper to do so the ASW must interview the patient in person. The Guide and Code both provide general requirements and guidance in relation to how the interview should be conducted.
The ASW is required to identify the patient's nearest relative and ensure that his statutory duties to the nearest relative are fulfilled. These include consulting with the nearest relative prior to making the application or if this is not practicable as soon as possible following the patient's detention for assessment. If the nearest relative objects the ASW has a statutory duty to consult with a second ASW before proceeding. LINK TO ROLE OF NEAREST RELATIVE
In addition the Code states that the ASW should: