Nigel Turner's HyperGUIDE to the Mental Health Act

Applications for Admission or Guardianship

NOTE: APPLICATIONS FOR SUPERVISED DISCHARGE ARE MADE BY THE RESPONSIBLE MEDICAL OFFICER AND ARE NOT DEALT WITH ON THIS PAGE

Applications can be made for:

admission for assessment under Section 2
admission for treatment under Section 3
emergency admission under Section 4
Guardianship under Section 7

Applications can be made by:

an Approved Social Worker [ASW]
the Nearest Relative of the person concerned.

Applications must be based on:

TWO Medical Recommendations, except for Section 4 when only ONE is required. The Medical Recommendations and the application must have one form of mental disorder in common.

The Applicant (ASW or Nearest Relative) must:

have themselves seen the person concerned within the last 14 days ending on the date of the application, or within the last 24 hours in the case of Section 4
address the application to the Managers of the hospital to which admission is sought, or to the local social services authority in the case of a guardianship application
(if this is in fact the case) state why it has not been possible to obtain a Medical Recommendation from a doctor who has previous acquaintance with the person concerned.

An ASW acting as an Applicant must:

in the case of an application for admission for assessment, inform the Nearest Relative about the application before it is made, or within a reasonable time after it is made. This information must include the fact that the Nearest Relative has the power to order discharge under Section 23.
in the case of an application for admission for treatment or for Guardianship, consult the person who appears to be the Nearest Relative about the proposed application. It is acceptable for the application to proceed if it appears to the ASW that, in the particular circumstances, consultation is not reasonably practicable or would involve unreasonable delay. The application cannot be made if the Nearest Relative tells the ASW (or the social services authority employing the ASW) that he/she objects. (An unreasonable objection is a ground for asking a court to appoint an acting Nearest Relative).

Overview page. Contents page. Introduction page.

This page last revised 8 April 1996
While every effort has been made to ensure the accuracy and reliability of information in these pages, they are not intended to be relied upon as an authoritative statement of the law. The author cannot accept liability for errors or omissions.