Nearest Relative. For example, you already have a mental health diagnosis or are receiving treatment. See our pages on the nearest relative for more information, including a flowchart of this process. What are the nearest relative… Also, the hospital managers should consider holding a review after any barring report has been issued. 2 Does the patient have a ‘relative’ (as defined)? The terms “relative” and “nearest relative” are defined for the purposes of the Act in section 26. It is the duty of the Approved mental health professional to determine who is the nearest relative of the patient and consult them in the process of assessment, treatment or guardianship. 1 ‘Child patient’ rules. The Mental Health Act gives the Nearest Relatives of patients subject to the Act specific legal powers. What is the Mental Health Act 1983? The nearest relative does not have the right to be told everything about the person who is in hospital. The team “Nearest Relative” (NR) is a term used in the Mental Health Act. 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. It's also possible for a court to consider using the Mental Health Act in some circumstances, or for a transfer to a hospital to take place from prison. The nearest relative has some rights when someone is, or may be, detained under the Mental Health Act (this is sometimes called ‘being sectioned’ or ‘being held under section’).. Your nearest relative has certain rights if: they are worried about your mental health, you are detained under the Mental Health Act, or; professionals are thinking about detaining you under the Mental Health Act. These include the right to apply for the discharge of a detained patient from hospital, as well as a veto of use of detention under Sec.3. Your nearest relative has the right to ask the local approved mental health professional service, which may be run by local social care services, for an assessment under the Mental Health Act. This depends on whether their relative allows for information to be shared. 3. Who is the nearest relative? A section 3 is used if you are known to psychiatric services. Glossary 2. This is a specific and unique role to the Mental Health Act. There might be a range of different people providing care to somebody, but under the Mental Health Act only one of those people would be the “Nearest Relative”. The nearest relative is a designated relationship defined in the legislation of England and Wales through the Mental Health Act 1983, as amended by the Mental Health Act 2007. The Mental Health Act Code of Practice 2015 requires This factsheet covers: 1. It is not the same as the next of kin. 3 Which of these relatives is nearest relative? The ‘nearest relative’ is a legal term used in the Mental Health Act. Section 3. To section you, your nearest relative would need to: fill out a form A5 (England) or form HO5 (Wales) get two doctors to … The Nearest Relative is a really important role and is different to next of kin. It is not the same as your next of kin. 4. Section 29 of the Mental Health Act 1983, gives powers to the County Court to enable them to displace the nearest relative and to appoint a an appropriate person to take on the functions of nearest relative for a particular patient. The next of kin has no rights under the Mental Health Act. At the outset it should be noted that the nearest relative’s identity is determined by the rules in the Mental Health Act 1983 and has nothing to do with the patient’s “next of kin”. However, if you are on a section 3 or a CTO, your nearest relative can apply to the Mental Health Tribunal within 28 days of the barring report.