Use Form 2

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. 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.

If the ASW considers that detention in hospital is the most appropriate way of meeting the person's needs and that no alternative is available in the community he must complete Form 2. LINK TO FORM 2 The application must be made to the relevant authority. LINK TO List of Trust Headquarters Addresses

If it is not practicable for the ASW to consult with the nearest relative prior to making the application the ASW must make all efforts, if reasonably practicable, to advise the nearest relative as soon as possible following this action.

If Form 3 was not completed by the person's own GP or a medical practitioner with previous acquaintance with the person, the ASW must record the reasons why on Form 2.

Has the ASW "a duty" to make the application?

Yes. Article 40 states that the ASW has a duty to "make an application for assessment in respect of a patient within the area of the Trust by which that officer is appointed in any case where –

(a) He is satisfied that an application ought to be made; and

(b) He is of the opinion, having regards to any wishes expressed by

relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him"

When should the person whose detention is being sought and the nearest relative be advised of his rights?

The patient and his nearest relative must be advised of the process of assessment and if necessary application for admission for assessment, including his rights, at all times during the assessment process LINK TO PATIENT INFORMATION LEAFLET and NEAREST RELATIVE INFORMATION LEAFLET(customised for Belfast Health and Social Care Trust)

Can the person refuse to stay in hospital?

No. Once the application is made the person is in the legal custody of the applicant, or person delegated by him. The person has a right to appeal to the Mental Health Review Tribunal against his detention in hospital once he is formally admitted.