Coronavirus Act 2020

Applications for compulsory admission to hospital for assessment

3 (1) An application for assessment may be made by a relevant social worker in accordance with Article 4 if the social worker is of the opinion that an application should be made but that it is impractical or would involve undesirable delay for the application to be made by an approved social worker.

(2) A patient may be admitted to hospital for assessment and there detained for the period allowed by Article 9 (as modified by paragraph 6), in pursuance of such an application; and—

(a) references in Part 2 of the 1986 Order to an application for admission for assessment made in accordance with Article 4, or duly completed or made under or in accordance with that Part, include an application for assessment duly completed or made by a relevant social worker in reliance on this paragraph; and

(b) in relation to such an application, references in the 1986 Order to “the applicant” include the relevant social worker who made the application.

(3) A relevant social worker who is proposing to make an application in reliance on this paragraph must inform the patient, and where practicable the person (if any) appearing to the relevant social worker to be the nearest relative of the patient, that—

(a) the application is being made in reliance on this paragraph, and

(b) the social worker is of the opinion referred to in sub-paragraph (1).

(4) Article 5(2) (person making application must have personally seen patient not more than 2 days before date of application) has effect in relation to an application for assessment made during a period for which this sub-paragraph has effect (whether by an approved social worker or a relevant social worker) as if for “two days” there were substituted “five days”.

(5) An application for assessment made by a relevant social worker in reliance on this paragraph must be accompanied by a written statement complying with sub-paragraphs (6) and (7).

(6) The statement must specify—

(a) that the application is being made in reliance on this paragraph,

(b) that the social worker is of the opinion referred to in sub-paragraph (1),

(c) that the social worker is registered in accordance with and has the experience required by this paragraph (see the definition of “relevant social worker” in sub-paragraph (10)),

(d) that the social worker has informed the patient in accordance with sub-paragraph (3), and

(e) whether the social worker has informed the person appearing to the social worker to be the nearest relative of the patient in accordance with sub-paragraph (3), and if not the reasons why it was not practicable to do so.

(7) The statement must contain a summary of the views (if any) expressed by the patient and the person (if any) who was informed in accordance with sub-paragraph (3).

(8) Article 5 otherwise does not apply in relation to an application for assessment made in reliance on this paragraph.

(9) Where an application for assessment is made by a relevant social worker in reliance on this paragraph, Form 2 has effect as if—

(a) in the heading, for “an approved social worker” there were substituted “a relevant social worker”;

(b) for the sentence beginning “I am an officer of” there were substituted “I am a relevant social worker in accordance with paragraph 3 of Schedule 10 to the Coronavirus Act 2020.”;

(c) for the two sections headed “The following section should be completed if nearest relative consulted” and “The following section should be completed if nearest relative not consulted” there were substituted—

“I have informed [full name of patient], before making this application, as specified in the written statement by me which accompanies this application.

Delete either (a), (b) or (c) as appropriate

(a)

I have informed [name and address] who, to the best of my knowledge and belief, is the patient’s nearest relative, before making this application, as specified in that written statement.

OR

(b)

I have informed [name and address] who I understand has been authorised by a county court to exercise the functions under the Order of the patient’s nearest relative, before making this application, as specified in that written statement.

OR

(c)

It has not been practicable for me to inform the patient’s nearest relative, before making this application, as specified in that written statement.”.

(10) In this paragraph, “relevant social worker” means a person (other than an approved social worker) who—

(a) is registered as a social worker in the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 1 (N.I.)), and

(b) has at least 5 years’ experience of working as a social worker within the 10 years immediately preceding the day on which the application is made; and for this purpose the 5 years need not be a single period, or continuous periods, of such experience.