The Nearest Relative has some important roles or rights under the Mental Health Act. Publicity shot for the West End Hit “Principal Changes in the Mental Health Act 2007 – Missus!” The Nearest Relative, as defined within the Mental Health Act, has an important role to play. The Mental Health Act confers various rights on a patient’s “nearest relative” in connection with the patient’s detention, supervised community treatment (SCT) and guardianship.

In summary Nearest Relatives should be informed about, consulted on, and be able to contribute to a range of key decisions about the patient’s care and treatment. The terms “relative” and “nearest relative” are defined for the purposes of the Act in section 26.

Section 23 provides that a detained patient’s nearest relative may discharge that patient from detention under the Act by giving not less than 72 hours notice in writing to the hospital managers.

The Hospital Managers are required to ensure that patients and their If an AMHP and 2 psychiatrists are undertaking an assessment it is likely to be an assessment under s.2 or s.3 of the Mental Health Act. As a Nearest Relative you can order the patient’s discharge from section. A Mental Capacity assessment does not require those 3 together. Powers, Rights and Functions of the Nearest Relative The Masked AMHP (with briefcase) informs the Nearest Relative of their rights -- with hilarious consequences. Under the Mental Health Act 1983 (Section 26), the Nearest Relative of a patient has specific rights with regard to the treatment of that patient. Your letter should contain the date and time and must be sent to the Mental Health Act Administrator. The Mental Health Act says that your nearest relative can do various things in connection with your care and treatment. These things are called your nearest relative’s “rights”. The pressure is therefore on for a section 29 application to be made as soon as possible so that existing nearest relative can be substituted with one who does not object, and for that to happen before the existing section 2 expires. In order to do that, you simply give the Hospital Managers 72 hours' notice in writing of your intention to discharge them. The case concerns K a patient detained under Section 3 MHA 1983 and the service of his mother’s written notice as nearest relative to discharge K from detention under the Act. This guidance note provides basic information for patients and Nearest Relatives, but it is not intended to be exhaustive. It also says that other people sometimes have to tell your nearest relative things about your care and treatment.

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