Who is the Nearest Relative?
Nearest Relative is a legal term used in the Mental Health Act 1983. The Nearest Relative has certain rights and responsibilities in relation to someone who is detained under the Mental Health Act (or ‘sectioned’).
The information on these pages is taken from our Nearest Relative (300 kb) ![[pdf]](http://www.rethink.org/display_images/document_icons/pdf.gif){kind=icon}
factsheet.
The Nearest Relative (NR) is the family member who can use the rights and powers given to them under the Mental Health Act.
It’s important to remember that the Nearest Relative and the ‘next of kin’ may 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.
Section 26 of the Mental Health Act sets out a list of people who are eligible to be the Nearest Relative, which you will find listed on our factsheet. The Approved Mental Health Professional (AMHP) will look at the personal circumstances of the person who may be detained and decide which of their close relatives (or perhaps their partner) is highest on the list.
There are many rules which affect who will be considered to be the NR.
These rules can be complex and difficult to apply. If you are unsure who the NR is, the Rethink Advice and Information Service may be able to help.
What can the service user do if they think their Nearest Relative is not a suitable person to carry out the role?
A service user can to apply to the County Court to remove their NR.
They can do this if they feel that he or she is not a suitable person. If someone does make an application to have their NR removed, it will be up to the court to make this decision.
The service user can nominate someone they feel would be more suitable, but it will be up to the court to decide who they feel is suitable for the position or whether the original Nearest Relative stays in place.
What happens if someone does not have a Nearest Relative?
The court can appoint someone as Nearest Relative if the patient does not have one. The court can also ‘displace’ (or remove) an existing one if:
- The NR is incapable of acting as such because of illness or mental disorder.
- The NR has objected unreasonably to an application for admission for treatment or a guardianship application.
- The NR has exercised the power to discharge a patient without due regard to the patient’s health or well-being or the safety of the public.
- The NR is otherwise not a suitable person to act as such.
