Using the Mental Health Act
The Mental Health Act (section 13, paragraph 4) gives the nearest relative of someone who is mentally ill the right to request that an Approved Mental Health Professional (AMHP) considers whether there should be an application for admission to hospital under the Mental Health Act.
The nearest relative is determined by a formula set out in the Act.
Nearest Relative Factsheet
If the AMHP and two doctors agree that admission is necessary, then the person can be 'sectioned' and taken to hospital and admitted without their consent. The police will often be called when someone is sectioned. This is to ensure the safety of everyone involved.
Most people would only use this as a last resort.
It could have a negative effect on your future relationship with your relative. However, under certain circumstances it may be the best thing to do and ultimately help your relative. If the AMHP decides that admission to hospital is not necessary, s/he must provide written reasons why not to the nearest relative.
This right of the nearest relative can be used several times if necessary.
Detention Under The Mental Health Act Factsheet
