
NURSE’S POWER TO DETAIN. SECTION 299 – FLOWCHART
NO
Check time and contact duty 
doctor to request urgent 
assessment.
*refer to full guidance document for further information.
An informal patient with a mental disorder is in 
hospital receiving medical treatment* and wants to 
leave. The nurse is concerned about this. The 
doctor is not immediately available.
Patient waits for medical 
assessment.
Cannot detain under 
Section 299.
Consider, if necessary, to prevent the 
patient from leaving using duty of care if 
safe to do so (to save life or prevent 
serious deterioration).
Is the nurse of the prescribed 
class (RMN, RNLD)?
Explain to patient that you are 
using Section 299 to detain, to 
prevent them from leaving.
Use the minimum force necessary  
to prevent the patient from 
leaving if required.
NO
YES
YES
Patient agrees to remain until a 
doctor can attend to carry out a 
medical examination?
YES
Does the nurse consider it necessary for  
the protection of the health, safety or welfare 
of the patient AND/OR the safety of any 
other person that the patient be immediately 
prevented from leaving hospital.
Nurse’s power to detain  
lasts for up to two hours from the start 
of Section 299 detention period to allow 
for medical assessment.
Between one and two hours 
of started detention period.
Nurse’s power to detain is  
extended from the time the doctor 
arrives for up to one hour to allow for 
medical assessment.
Medical assessment
carried out.
Inform MHO of detention  
under Section 299.
Complete NUR1 form and deliver 
to hospital managers.
Nurse’s power to detain  
falls after two hours if doctor not 
arrived within that time.
Managers send copy of 
NUR1 to MWC within 
14 days of receipt.
YES
YES
YES
NO
Doctor arrives?
Within one hour of 
Section 299 applied.
NO
As soon as 
practicable
NO