The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

PART 2 Procedures and Records relating to Hospital Admissions

Procedure for and record of hospital admissions

4.—(1) For the purposes of admission to hospital under Part 2 of the Act —

(a) any application for admission for assessment under section 2 must be in the form set out—

(i) where made by the nearest relative, in Form HO 1;

(ii) where made by an approved mental health professional, in Form HO 2;

(b) any medical recommendations for the purposes of section 2 must be in the form set out—

(i) in the case of joint recommendations, in Form HO 3,

(ii) in any other case, in Form HO 4;

(c) any application for admission for treatment under section 3 must be in the form set out—

(i) where made by the nearest relative, in Form HO 5,

(ii) where made by an approved mental health professional, in Form HO 6;

(d) any medical recommendations for the purposes of section 3 must be in the form set out—

(i) in the case of joint recommendations, in Form HO 7,

(ii) in any other case, in Form HO 8;

(e) any emergency application under section 4 must be in the form set out—

(i) where made by the nearest relative, in Form HO 9,

(ii) where made by an approved mental health professional, in Form HO 10;

(f) any medical recommendation for the purposes of section 4 must be in the form set out in Form HO 11;

(g) any report made under subsection (2) of section 5 (detention of patient already in hospital for 72 hours) by—

(i) the registered medical practitioner or approved clinician in charge of the treatment of the patient, or

(ii) any such person nominated by the registered medical practitioner or approved clinician to act for them

must be in the form set out in Part 1 of Form HO 12 and the hospital managers must record receipt of that report in Part 2 of that Form;

(h) any record made under subsection (4) of section 5 (power to detain an in-patient for a maximum of 6 hours) by a nurse of the class for the time being prescribed for the purposes of that subsection(1) must be in the form set out in Form HO 13.

(2) For the purposes of rectifying applications or recommendations under section 15, the managers of the hospital to which a patient has been admitted in pursuance of an application for assessment or for treatment may authorise in writing an officer on their behalf —

(a) to consent under subsection (1) of that section to the amendment of the application or any medical recommendation given for the purposes of the application;

(b) to consider the sufficiency of a medical recommendation and, if the recommendation is considered insufficient, to give written notice as required by subsection (2) of that section.

(3) Where a patient has been admitted to a hospital pursuant to an application under section 2, 3 or 4, a record of the same must be made by the managers of that hospital in the form set out in Form HO 14 and be attached to the application or, as the case may be, recommendation.

(4) For the purposes of any medical recommendation under sections 2, 3 and 4 (admission for assessment, admission for treatment and admission for assessment in cases of emergency respectively) in the case of—

(a) a single recommendation made in respect of a patient whom a doctor has examined in England, the medical recommendation must be in the form required by Regulations made by the Secretary of State to similar effect for England;

(b) joint recommendations made in respect of a patient whom both doctors have examined in England, the medical recommendation must be in the form required by Regulations made by the Secretary of State to similar effect for England;

(c) joint recommendations made in respect of a patient whom one doctor has examined in Wales and one doctor has examined in England, the medical recommendation must either be in the form required by these Regulations or in the form required by Regulations made by the Secretary of State to similar effect for England.

Renewal of authority to detain

5.  For the purposes of renewing authority to detain a patient admitted to hospital in pursuance of an application for treatment—

(a) any report made by a responsible clinician for the purposes of section 20(3) (medical recommendation for renewal of authority to detain) must be in the form set out in Parts 1 and 3 of Form HO 15;

(b) the statement made by a person who has been professionally concerned with the patient’s medical treatment for the purposes of section 20(5A) (agreement with medical recommendation) must be in the form set out in Part 2 of Form HO 15;

(c) the renewal of authority for detention under section 20(8) must be recorded by the managers of the hospital in which the patient is liable to be detained in the form set out in Part 4 of Form HO 15.

Detention after absence without leave for more than 28 days

6.  In relation to a patient who is liable to be detained after being taken into custody or returning after absence without leave for more than 28 days–

(a) any report made under section 21B(2) (authority for detention for patients who are taken into custody or return after more than 28 days) must be in the form set out in Part 1 of Form HO 16;

(b) the receipt of that report must be recorded by the managers of the hospital in which the patient is liable to be detained in the form set out in Part 2 of Form HO 16.

Discharge of patients liable to be detained by responsible clinicians or hospital managers

7.  Any order made by the responsible clinician or hospital managers under section 23(2)(a) (discharge of patients) for the discharge of a patient who is liable to be detained under the Act must be in the form set out in Form HO 17 and in the event of the order being made by the patient’s responsible clinician must be served on the managers of the hospital in which the patient is liable to be detained.

Provision of information – patients liable to be detained

8.  Unless the patient requests otherwise, where—

(a) a patient’s detention is renewed pursuant to a report furnished under section 20 (duration of authority), the managers of the responsible hospital must take such steps as are reasonably practicable to cause the person (if any) appearing to them to be the patient’s nearest relative to be informed of that renewal as soon as practicable following their decision not to discharge the patient;

(b) by virtue of section 21B(7) (patients who are taken into custody or return after more than 28 days) a patient’s detention is renewed pursuant to a report furnished under section 21B(2), the managers of the responsible hospital in which the patient is liable to be detained must take such steps as are reasonably practicable to cause the person (if any) appearing to them to be the patient’s nearest relative to be informed of that renewal as soon as practicable following their decision not to discharge the patient;

(c) by virtue of section 21B(5) and (6) (patients who are taken into custody or return after more than 28 days), a patient’s detention is renewed retrospectively pursuant to a report furnished under section 21B(2), the managers of the hospital in which the patient is liable to be detained must take such steps as are reasonably practicable to cause the person (if any) appearing to them to be the patient’s nearest relative to be informed of that renewal as soon as practicable following their receipt of that report.

(1)

See the Mental Health (Nurses) (Wales) Order 2008 (S.I. 2008/2441(W.214)).