Nearest Relative

This factsheet looks at the role of the nearest relative. This is a term used
in the Mental Health Act. It covers who someones nearest relative would
be, what the nearest relatives rights are and other important information.
You may find it useful if you care for someone with a mental illness who is
under the Mental Health Act. You might also find it useful if you yourself
are under the Mental Health Act.

The nearest relative is a legal term used in the Mental Health Act. It is
not the same as the next of kin. The next of kin has no rights under the
Mental Health Act.

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).

Nearest relatives can ask for an assessment to decide if their relative

should be detained under the Mental Health Act. They can also
request that their relative is discharged from hospital.

An application can be made to the County Court to have a nearest

relative removed or changed if they do not feel that they are the right
person for the role.

The nearest relative does not have the right to be told everything
about the patient. This could include information about what treatment
the patient is taking. This will depend on whether the patient is happy
for information to be shared.

This factsheet covers:

1. Key words
2. What is the Mental Health Act 1983?
3. What is the nearest relative?
4. Who is the nearest relative?
5. What are the nearest relative rights?
6. What happens if someone does not want to be the nearest relative?
7. What happens if someone does not have a nearest relative?
8. Does everyone have a nearest relative?
9. Can the nearest relative be removed?
10. Can an approved mental health professional remove the nearest
relative?
11. What happens if the nearest relative is removed?
12. How can the nearest relative discharge their relative from the
Mental Health Act?
13. What is a mental health tribunal?
14. Nearest relative points to remember
15. Sample Letters
Top
1. Key words
Some information in this factsheet is quite complicated. This section gives
an explanation of some of the phrases and words that we use:

Approved mental health professional (AMHP): An AMHP is

appointed by social services. They have a good understanding of
mental illness and knowledge of mental health legislation. This
person could be a social worker, nurse or therapist. They can help
to decide if someone should be detained under the Mental Health
Act. The role of the AMHP is to give a non-medical opinion when
detention is being considered, even if they have a medical
background.

Community Treatment Order (CTO): A CTO is made so that

someone can leave hospital to be treated in the community. A
responsible clinician will make a CTO which will have certain
conditions that the patient should follow. If the patient fails to follow
the conditions, they can be returned or recalled to hospital. Carers
and the nearest relative (NR) should also be involved as far as
possible in the care planning process.
A patient can be given a Community Treatment Order (CTO) after
being detained in hospital under certain sections of the Mental
2

Health Act. This is normally section 3 or section 37. A patient can

not be given a CTO if they have been detained under section 2
only.

Guardianship: Patients on a guardianship can get the treatment

that they need in the community with the help of a guardian. If the
patient did not have a guardian, it is likely that they would have to
remain in hospital to get treatment. A guardian may be a local
authority or someone else approved by a local authority known as a
private guardian.

Hospital Managers: Hospital Managers make sure that the Mental

Health Act is properly used, for example, making sure that
information is given to detained patients and the nearest relative.
They can also hold a hearing to decide if a patient should be
detained or discharged.

Independent Mental Health Advocate (IMHA): IMHAs are

independent of other hospital staff. This means that they do not
work for the NHS. An IMHA can explain a patients rights and help
them make decisions about their care and treatment. Everyone
detained under the Mental Health Act has the legal right to see an
IMHA.

Leave: Any leave away from the ward has to be authorised by a

doctor. This is known as section 17 leave. Detained patients are
not able to leave the ward freely. Leave may be increased gradually
over a number of weeks.

Responsible Clinician (RC): The RC is the professional who is

responsible for a patients care and treatment.

Section 2 (s2) of the Mental Health Act: S2 allows a person to be

admitted to hospital for an assessment of their mental health and to
get any necessary treatment. It lasts for a maximum of 28 days and
can not be renewed. People who need to stay in hospital after 28
days will be transferred to a section 3.

Section 3 (s3) of the Mental Health Act: S3 allows a person to be

admitted to hospital for treatment. It lasts for 6 months, but this can
be renewed.

You can find out more information on www.rethink.org about:

Community Treatment Order

Mental Health Act
Advocacy

At www.rethink.org. Or call 0121 522 7007 and ask us to send you a copy.
Top
3

2. What is the Mental Health Act 1983?

The Mental Health Act 1983 is law which explains when someone with a
mental disorder can be placed in a psychiatric hospital for assessment and
treatment. This is often known as being detained or being sectioned.
The Mental Health Act is only used when that person has put their own or
someone elses health and safety at risk.
You can find out more about the Mental Health Act at www.rethink.org.
Or call 0121 522 7007 and ask us to send you a copy.
Top
3. What is the nearest relative?
The nearest relative (NR) is a term that is defined under the Mental Health
Act. The NR has certain rights under the Mental Health Act. Most people
will have a nearest relative.
It is important to be aware that the NR and the next of kin can be two
different people. The next of kin is usually a relative or close friend chosen
by someone soon after they are admitted to any sort of hospital. The next
of kin has no legal powers under the Mental Health Act.
However professionals should aim to identify carers as well as the nearest
relative and, if agreed by the patient, involve them in discussions.
Top
4. Who is the nearest relative?
Section 26 of the Mental Health Act explains who can be the nearest
relative (NR). A patient can not choose their NR.
The term relative is defined by the Mental Health Act as a list. The list is
below. The general rule is that the NR will be the person who comes
highest on the list, however, there are other rules that may affect who the
NR will be.
1.
2.
3.
4.
5.
6.
7.
8.

Husband, wife or civil partner

Son or daughter
Father or mother
Brother or sister
Grandparent
Grandchild
Uncle or aunt
Niece or nephew

Men and women are equal. If there are two people who could be the NR,
for example, mother and father, the eldest person would be the NR.

The rules that may affect who the NR will be are:

the NR must be over 18, unless he or she is the husband, wife, civil
partner or parent of the person.1

if the person normally lives with or is cared for by a relative, that person
goes to the top of the list and becomes the NR.2

a relative living abroad cannot act as the NR for someone who lives in
the UK.3 However, someone living in the UK will still be the NR if on
holiday abroad. Someone who does not live in the UK can have an NR
who does not live in the UK.4

permanently separated husbands, wives or civil partners, including

same sex partners, cannot be the NR.5 Partners are also included
when a couple has been living together as husband and wife or as civil
partners for six months or more, unless one person in the couple is
married to someone else or not permanently separated from them.6

the eldest person would be the NR if there are 2 or more people in the
same category. For example a brother and sister. Full blooded
relatives will be preferred over half blooded relatives.7 For example a
sister would be preferred to half sister.

someone other than a relative, who has been living with the person for
five years or more, will be treated as if they are a relative. This means
that person may become the NR, unless someone in the above list is
either living with or caring for the patient.8 .

step children are not treated as relatives, but can become the NR if:
-

there is no other NR and they normally live with the person and
have done so for at least five years, or

a court decides that they should be the NR,9 or

the current NR asks them to be the NR and they agree, this is

known as delegating.10
Top

5. What are the nearest relatives rights?

The nearest relative (NR) has certain rights under the Mental Health Act.
These rights are explained below. However, the duty that healthcare
professionals have to tell the NR information is not absolute. This means
that in almost all cases information will not be shared with the NR if the
patient does not want it to be.11
Right to get information
The approved mental health professional (AMHP) must let the NR know
that an application is going to be made, or has been made, to detain their
relative under section 2 (s2) of the Mental Health Act. The AMHP should
tell the NR what rights they have to discharge the patient.12
The NR may not be told that their relative has been detained under s2 if it
would have a negative effect on the patient. Negative affect could mean:13
5

emotional distress,
mental health getting worse,
physical harm,
financial or other exploitation.

Hospital Managers should give the NR copies of any information given to

the patient in writing. However the patient can block information from
being given to the NR.14 This includes if their judgment or reasoning has
been affected by symptoms of mental illness.
Right to consultation
The AMHP must speak with the NR before someone can be detained for
treatment under section 3 (s3), unless:

it is not reasonably practical. For example the NR can not be found

quick enough which could cause treatment to be delayed, or
the NR is having difficulty with their own health or mental capacity.15

The NR may not be consulted about an application for detention under s3

if it would have a negative effect on the patient. AMHPs should record
their reasons if they do not consult with the NR.
Detention under s3 or a guardianship cannot go ahead if the NR disagrees
with the decision.16 However a County Court can remove the NR if they
think that the NR is stopping the application for s3 or guardianship on
unreasonable grounds. This is known as displacement.
The NR cannot stop a community treatment order (CTO) being made.
A patient may not want the NR to be consulted about an application for
detention under s3. In this case the AMHP should give the NR enough
information to allow them to do what the Mental Health Act asks them to
do.17
Right to ask for assessment
The NR can ask social services carry out a mental health assessment.18
Some families have found this right helpful in a crisis. The NR can ask for
a mental health assessment through their local social services. You need
to speak to the approved mental health professional (AMHP) team. The
AMHP on duty will take your request and present it to the team. The team
will meet every week and decide if they will do an assessment. This can
mean that it may take up to 7 days to hear if they will do an assessment.
You can make your request in writing or over the phone. There is an
example letter at the end of the factsheet to ask for a mental health
assessment. If they decide not to do an assessment, they have to tell you
their reasons why in writing.

Right to apply for admission

The NR can ask hospital managers to detain a person under s2, s3, or in
an emergency.19 The NR may only be able to apply directly to the hospital
if doctors agree that the person should be detained but the AMHP
disagrees.20
Therefore it may be easier to ask the social services department to make
an assessment first, before you apply to the hospital managers.
You will need to complete a specific form to make a NR application. Follow
the link to see the form:
www.legislation.gov.uk/uksi/2008/1184/schedules/made.
Right to discharge
The NR can discharge someone from detention under s2 or s3, a
community treatment order (CTO) or guardianship. However is not
possible if the person has been detained after a judge or magistrate has
made a court order.21
The responsible clinician is able to stop the discharge in certain
circumstances.
The NR must be told of the patients discharge from detention or CTO.
However the NR may not be told if:22

it is not practicable to tell the NR, or

either the patient or the NR has requested that information about
the discharge should not be given.

Right to get notice of Discharge

The NR should be given 7 days notice of the end of a section or CTO
order if possible.23
Right to be told about:

renewal of a patients detention,

extension of a CTO, and
transfer from one hospital to another.24

Right to contact the Independent Mental Health Advocacy service

(IMHA)
Patients detained under the Mental Health Act are entitled to get support
from an IMHA. This includes people under a CTO. Patients do not have to
have help from an IMHA if they do not want it.
An IMHA should visit and talk to the patient if the NR asks them to.25 An
IMHA is there to make sure that the patient is heard and understands what
their rights are whilst under the Mental Health Act. IMHAs can talk to staff
on the patients behalf to help them understand why certain decisions
have been made. They can also help healthcare professionals to
understand any concerns that the patient has.
7

Patients can get help from an IMHA and solicitor at the same time.
You can find out more about Advocacy at www.rethink.org. Or call 0121
522 7007 and ask us to send you a copy.
Right to delegate the role to someone else
The NR can pass their NR duties to someone else if the other person
agrees.
Top
6. What happens if someone does not want to be the nearest
relative?
The nearest relative (NR) can pass their rights to another person as long
as the other person agrees to take on the role. This is known as
delegating. The NR cannot delegate to the patient.
If the NR decides to delegate, they would need to tell the following people
in writing:

the patient,
the hospital managers if patient is under section or a community
treatment order, or where the patient is most likely to be detained if
patient is in the community, and
the local authority, and private guardian, if patient has one, if the
patient is under a guardianship26

The NR can use the sample letter at the end of the factsheet to delegate
their duties to someone else.
NRs can delegate their functions at any time, even if they have made a
request such as an admission to hospital. The NR can change their mind
at any time and take back the delegation.27
If you are thinking about delegating the NR role to someone else, you
could contact an approved mental health professional from the local
authority for help.
Top
7. What happens if someone does not have a nearest relative?
The County Court can appoint someone as nearest relative (NR) if the
patient does not have one. The patient can nominate someone they would
like to be the NR. However it will be up to the court to decide who the most
suitable person is.
The approved mental health professional (AMHP) should try to identify
who the nearest relative (NR) is during a mental health assessment.
8

The AMHP can apply to county court if:

it is not clear who the NR should be,
the NR is incapable to be NR,
0they have good reason to think that the patient thinks that their NR is
unsuitable, or
it is not reasonable for the patient or anyone else to apply to court.
Top
8. Does everyone have a nearest relative?
No. People who are in hospital under section because they have been in
contact with the police or courts may not be able to have a NR. These
sections are called forensic sections. The following people will not have a
NR as defined by the Mental Health Act:

patients remanded to hospital by the courts under sections 35 or

36,
patients subject to interim hospital orders under section 38, and
restricted patients,28

Restricted patients are offenders, or people awaiting trials, that are in

hospital awaiting mental health treatment. They are monitored by The
Mental Health Casework Section on behalf of the Justice Secretary. They
have extra restrictions given to them because they may be a risk to the
public. These restrictions include:

permission for community leave,

transfer to another hospital,
discharge, and
recall to hospital.

A patient on a section 37 without a restriction order may have an NR.

However NR rights will be different.
You can find out more about forensic sections at www.rethink.org. Or call
0121 522 7007 and ask us to send you a copy. There is a list of forensic
sections at the end of this factsheet.
Top
9. Can the nearest relative be removed?
If the nearest relative is not a suitable person an application can be made
to the County Court to remove them. 29 This is known as displacement.
A more suitable person can be suggested to the court. However the court
could decide to keep the original NR in place. The court will decide to
appoint the most suitable person as the NR.30
An application to displace the nearest relative can be made by any of
these people:31
9

the patient,
the patients advocate or carer if the patient lacks mental capacity,
any relative of the patient,
anyone who the patient was living with before going into hospital, or
an AMHP.

If you would like to displace your own NR we suggest that you get legal
advice from a mental health solicitor. You do not need a solicitor to
represent you in County Court, you can represent yourself. If you would
like legal representation you may qualify for legal aid. Legal aid may not
cover all of the court costs.
Follow this link to find out if you qualify for legal aid:
https://www.gov.uk/legal-aid/eligibility
You can find out more about the Legal advice at www.rethink.org. Or
call 0121 522 7007 and ask us to send you a copy.
Top
10. Can an approved mental health professional remove the nearest
relative?
An approved mental health professional (AMHP) can apply to the County
Court to displace or remove the nearest relative (NR). However the
county court would make the decision to displace the NR. An AMHP will
only make an application if they believe that:32

it is not reasonable for the patient or anyone else to apply to court,

a patient should be detained in hospital under section 3, or should
become a guardianship patient, but the NR disagrees without good
reason,
the NR has used their power to discharge a patient without thinking
about the patients welfare or the other peoples welfare,
the NR is likely to discharge a patient from detention, or
guardianship without thought for the patients welfare or other
peoples welfare, or
is not able to act because of a mental disorder or other illness, or
the NR is not a suitable person.

It is the AMHPs decision to apply to the County Court to displace the

NR.33
Top
11. What happens if the nearest relative is removed?
If the NR is removed, the County Court can choose who will act as the NR.
Displacement of the NR is likely to last for a certain length of time. This
can depend on what section the patient is under.
10

The NR can apply to the First-tier Tribunal if they have been displaced by
the County Court. An application can be made once in the first year
following displacement and once in each following year.34
Top
12. How can the nearest relative discharge their relative from the
Mental Health Act?
The nearest relative (NR) must give the hospital managers 72 hours
written notice if they want to discharge their relative from a section of the
Mental Health Act.35 This includes discharge from a community treatment
order (CTO) and guardianship.
There is not a specific form that the NR needs to fill in to discharge the
patient. The template letter is at the end of this factsheet.
If the persons responsible clinician (RC) thinks that the patient should not
be discharged they can issue a barring report within 72 hours. This will
stop the discharge.
If a barring report is issued the NR will have the right to apply to the
tribunal for discharge if the patient is detained under section 3 or CTO.36
The NR will not be able to discharge the patient from detention at any time
in the 6 months that follow the date of the barring report.37
A discharge should not be stopped unless the patient is likely to be
dangerous to themselves or others.38
The NR does not have a right to discharge their relative if the patient is
detained in hospital under a forensic section. A forensic section is a
section that a patient is put under as a result of being involved with the
police, court or prison.
It is not possible for the NR to apply to the hospital managers to discharge
their relative from a guardianship order. A guardianship order is different to
a guardianship. A guardianship order is used by a court as an alternative
to a hospital order for offenders with mental disorders. However the NR
can apply to the mental health tribunal instead. 39
You can find out more about forensic sections at www.rethink.org. Or call
0121 522 7007 and ask us to send you a copy. There is a list of forensic
sections at the end of this factsheet.
Top
13. What is a mental health tribunal?
This is an independent panel made up of a judge, tribunal doctor and
mental health expert. They hear the case for and against discharge and
decide if it can go ahead.40
11

Patients can apply to the tribunal for a hearing to be discharged. An

independent mental health advocate (IMHA) and solicitor will be able to
help a patient apply for a hearing and help during the hearing.
The nearest relative (NR) can only apply for a tribunal if:

discharge has been stopped by the responsible clinician (RC), and

the patient is on section 3 or a community treatment order (CTO).

The NR must apply within 28 days of the RC stopping discharge.41

A patient on a section 37 or their NR can apply to the tribunal for
discharge in the period between 6 and 12 months after the making of the
hospital order. They can also apply once in every following year.42 This
does not include patients who are on a section 37/41.
The NR may be able to represent their relative or attend and speak at the
hearing and give a written statement, if the NR applied for the tribunal.
However a tribunal would need to agree.43 A friend or advocate can
address the tribunal on the NRs behalf44.
You can find out more about Discharge from the Mental Health Act at
www.rethink.org. Or call 0121 522 7007 and ask us to send you a copy.
Top
14. Nearest relative points to remember
Information sharing
Information is unlikely to be shared with the nearest relative (NR) if the
patient does not give their consent.
The NR does not have any extra rights to be given information about their
relatives mental health care or treatment when they are detained under
the Mental Health Act. The hospital will still have a duty of confidentiality to
the patient and will need their permission to share information.
The Mental Health Act Code of Practice says that the progress of the
patient should also be discussed with carers, if the patient consents.45
You can find more about Confidentiality and information sharing at
www.rethink.org. Or contact 0121 522 7007 and ask us to send you a
copy.
Patient decisions
The NR doesnt have any right to make decisions on behalf of the patient.
This includes both financial decisions and welfare decisions.
If you are concerned that your relative lacks mental capacity to make
decisions that are in their best interest you may be able to use your
12

Lasting Power of Attorney (LPA) powers. If your relative does not have an
LPA you could apply to the Court of Protection to become your relatives
deputy.
You can find out more about Mental Capacity and Mental Health at
www.rethink.org. Or call 0121 522 7007 and ask us to send you a copy.
Compulsory medication
A patient detained under the Mental Health Act can be treated without
their consent. The NR has no rights to stop this. For example, the patient
may be given their medication by injection, even if they do not want this.
This is usually if the person is very unwell.
Community Treatment Order
The NR cannot stop a community treatment order from being made. A NR
may not be told if a CTO is being made. This may happen when the
patient does not want their NR to be told. However the NR can order the
discharge of a CTO by giving 72 hours notice in writing. 46 The Responsible
Clinician can prevent the discharge by issuing a barring notice.
Hospital leave, under section 17
The NR has no rights to request that the hospital gives someone leave.
Nearest relative removal
The NR can be displaced if they:

stop a patient from being detained under section 3 without good

reason, or
use their power to discharge the patient without thinking about the
patients welfare and the welfare of others.

Complaints
The patient or NR can make a complaint about treatment and care through
the NHS complaints procedure.
The patient or NR can complain to the Care Quality Commission (CQC) if
there is a concern that the Mental Health Act has not been used correctly.
Their details can be found in the useful contacts section of this factsheet.
You can find out more about Complaints at www.rethink.org. Or call
0121 522 7007 and ask us to send you a copy.
Carers support and advocacy
A member of the ward staff should be able to tell you if there is a carers
advocacy or support service that covers your relatives hospital. You can
also find out about mental health advocacy through the Patient Advice and
Liaison Service (PALS) at your NHS trust. You can find your local PALS
details at http://www.nhs.uk/Service-Search/Patient-advice-and-liaisonservices-(PALS)/LocationSearch/363 or we could search for you. You can
contact us on 0300 5000 927.
13

Top
Forensic section factsheets:

Section 35
Section 36
Section 37
Section37/41
Section 38
Section 48/49

Our factsheets are available at www.rethink.org. Or call our Support Care

Team on 0121 522 7007 and ask them to send you a copy of the
factsheet. For advice, call 0300 5000 927.

Care Quality Commission

If you have concerns or a complaint about the way the Mental Health Act
has been used you can contact the Care Quality Commission.
Telephone: 03000 616161 - press 1 to speak to the mental health team.
Address: CQC Mental Health Act, Citygate, Gallowgate, Newcastle upon
Tyne, NE1 4PA
Email: enquiries@cqc.org.uk
Website: www.cqc.org.uk

14

Sample Letter - Nearest Relative can ask for an

Assessment from Social Services Department
Your name
Your address
Your telephone number
(optional)
Your email address (optional)
Date
Approved Mental Health Professional/

Dear Sir/Madam
Re: [add your relatives name here]
of .. [add you relatives address here]

.
Admission to hospital request
I am writing to ask the AMHP to make an application for my relatives
admission to hospital. I am using my right as the nearest relative to ask
that an approved mental health professional (AMHP) considers my
relatives case.
I am concerned about [His/her] behaviour because [Write here what is
causing you concern]
or
[He/She] is a risk to [himself/herself] or others because [Write here what is
causing you concern]
[You could think about information such as.
How has their behaviour changed?
When did their behaviour change?
Are they aggressive? If so, how?
Have they tried to harm themselves or others? If so, how and when
did it happen?
Have they stopped eating, drinking or bathing?
Have you got any evidence to show the changes in their
behaviour?]
If the AMHP makes the decision not to make an application to hospital, I
would like to be told why this decision has been made in writing. I would
also like a meeting with the AMHP to discuss alternative care and
treatment for my relative.

15

This request is made under Section 13 (4) of the Mental Health Act 1983
(as amended in 2007).
Yours faithfully
Signed

.
Nearest relative

Date

16

Sample letter - Nearest Relative can delegate their duties to

someone else.47
Your name
Your address
Your telephone number
(optional)
Your email address (optional)
Date
Hospital address or
Local authority address
Dear [Hospital Managers or Local Authority],
[Look at section 6 of this factsheet to find out who you need to tell that you
are no longer the nearest relative.]
Delegation of nearest relative rights.
I, [nearest relative name], of [full address] am the [relationship to patient]
of [name of patient]. I am their nearest relative within the meaning of the
Mental Health Act 1983.
I would like to delegate my nearest relative duties for [name of patient] to
[name of person to delegate to] of [full address]. They have agreed to take
on the nearest relative duties for [name of patient].
In line with my duty I have told [name of patient] that I am no longer the
nearest relative and told them who their nearest relative will be.
The Mental Health Act and Regulation 24 of the Mental Health (Hospital,
Guardianship and Treatment) (England) Regulations 2008, gives me the
right to delegate my nearest relative rights.
Yours faithfully,
Signed

.
Nearest relative

Date

[You could also add the following paragraph, however you dont need to
as long as the delegate has agreed to take on the nearest relative duties.]
I, [name of delegatee], of [full address], agree to take on the duties of the
nearest relative under the Mental Health Act 1983.
Signed

.
Delegatee

Date

.
17

Sample Letter - The nearest relative can use this letter to discharge
their relative from the Mental Health Act.48
Your name
Your address
Your telephone number
(optional)
Your email address (optional)
Date
Hospital address
Dear [Hospital Managers],

Order for discharge

This letter is let you know that I plan to discharge [name of patient] from
[detention under the Mental Health Act, guardianship or community
treatment order] on [write the date that you plan to discharge your
relative].
I, [nearest relative name], of [full address] am the [relationship to patient]
of [name of patient]. I am [his/her] nearest relative within the meaning of
the Mental Health Act 1983.
Section 23 of the Mental Health Act 1983 gives me the right to discharge
my relative.
[Remember that your relative will not be discharged straight away and the
request may be stopped by a barring report. Your relative will be able to
leave the hospital 72 hours from when the hospital managers get your
letter, if your discharge request is not barred.]
Signed

.
Nearest relative

Date

18

s26(5) Mental Health Act 1983 c20

As note 1 (MHA 1983) s26(4)
3
As note 1 (MHA 1983) s26(5)(a)
4
Department of Health Reference Guide to the Mental Health Act 1983
London: TSO. 2015 (page 26) (paragraph 2.16)
5
As note 1 (MHA 1983) s26(5)(b)
6
As note 1 (MHA 1983) s26(6)
7
As note 1 (MHA 1983) s26(3)
8
As note 1 (MHA 1983) s26(7)
9
As note 1 (MHA) s29
10
r 24, Mental Health (Hospital, Guardianship and Treatment) (England)
Regulations 2008. SI 2008/1184.
11
Department of Health. Code of Practice Mental Health Act 1983.
London: TSO. 2015 (page 42) (paragraph 4.33)
https://www.gov.uk/government/uploads/system/uploads/attachment_data/
file/435512/MHA_Code_of_Practice.PDF. (accessed 9th December 2015)
12
As note 12, at (page 123) (paragraph 14.58)
13
As note 12 (paragraph 4.36)
14
As note 4, (paragraph 2.27)
15
As note 1(MHA 1983) s11(4)(b)
16
As note 1 (MHA 1983) s11(4)(a)
17
R (Stevens) v Plymouth City Council [2002] EWCA Civ 388
18
As note 1 (MHA 1983) s13(4)
19
As note 1 (MHA 1983) s11(1)
20
As note 4 at (Page 21) (Paragraph 2.2)
21
As note 1 (MHA 1983) s23(2)
22
As note 12 at (page 42) (para 4.33)
23
As note 1 (MHA 1983) s133(1)
24
As note 12 at (page 42) (para 4.34)
25
As note 1 (MHA 1983) s130B(5)
26
r 24, Mental Health (Hospital, Guardianship and Treatment) (England)
Regulations 2008. SI 2008/1184
27
As note 4 (page 27) (paragraph 2.29)
28
As note 4 at (page 14) (paragraph1.25)
29
As note 1 (MHA 1983) s29(3)(e)
30
As note 1 (MHA 1983) s29(3)
31
As note 12 at (page 51 (para 5.10)
32
As note 12 at (para 5.11 5.13)
33
As note 12 at (para 5.15)
34
As note 4 (page 23) (paragraph 2.2)
35
As note 1 (MHA 1983) s25(1)
36
As note 1 (MHA 1983)s66 (1)(h)(ii)
37
As note 4 (page 249) (para 27.18)
38
As note 12 at (page 355) (para 32.22)
39
As note 12 at (page 348) (para 30.39)
40
https://www.gov.uk/mental-health-tribunal/what-happens-at-the-hearing
(accessed 10th December 2015)
41
As note 4 at (Page 22) (paragraph 2.2)
42
As note 4 at (Page 23) (paragraph 2.2)
2

19

43

r 11(5) Tribunal Procedure (First Tier Tribunal) (Health, Education and

Social Care Chamber) Rules 2008. SI 2008/2699.
44
r 11(1) Tribunal Procedure (First Tier Tribunal) (Health, Education and
Social Care Chamber) Rules 2008. SI 2008/2699.
45
As note 12 at (page 44) (para 4.43)
46
s 25(1A) MHA
47
As note 12, at (page 50) (para 5.5)
48
As note 12, at (page 355) (para 32.25)

20

 Rethink Mental Illness 2013

Last updated February 2016
Next update February 2019
Version 9

This factsheet is available

in large print.