Doctors and nurses are given what are called holding powers for the purposes of assessing in-patients in ordinary hospitals (even those just there for physical medical treatment) for possible action under s2 or s3 of the Mental Health Act (see >s5 MHA).
They are used most often in relation to people who have entered hospital voluntarily but who threaten to discharge themselves against the advice of the medical professionals.
The Code specifically forbids the routine completion of the holding powers form with a view to leaving on the ward for others to submit it if the patient tries to leave, convenient though this would be!
The doctor can only use the power immediately after personally examining the patient. The lawful power to detain after a report has been furnished to the managers as to why informal treatment is not or is no longer appropriate lasts for 72 hours and cannot be renewed.
Whilst under the s5 powers, patients may not be treated under the statutory ‘consent to treatment’ provisions but may be treated under the doctrine of necessity, without it being unlawful.
The nurses’ holding power is similar but is to be used when it is not practicable to secure the attendance of a practitioner for the assessment. This power lasts 6 hours and those 6 hours are deductible from the 72 hours allowed to the doctor for the purposes of the doctors’ holding power.