Section 29 displacement of nearest relative policy applicable to Doncaster locality. This is a local authority policy adopted by the trust.
Relatives have an important role to play in the care of individuals who may require assessment and treatment under the Mental Health Act (1983) (MHA).
Section 26 of the MHA defines ‘relative’ and ‘nearest relative’ for the purpose of the act. It is important to remember the nearest relative for the purpose of the act may not be the same person as the patient’s next of kin. The identity of the nearest relative can also change with the passage of time, for example, the patient enters into marriage and civil partnership.
Under the MHA (1983) the nearest relative has legal responsibilities to safeguard the patient’s interests and to help to ensure the compulsory powers of the MHA are used appropriately. However, where it is thought that the nearest relative is exercising their power unreasonably, an application to the county court may be made to displace the nearest relative.
The identification of the nearest relative can be a complex process and should be undertaken by the approved mental health professional (AMHP).
For automatic changes of nearest relative and exceptions from normal rules for children and young people please see the Mental Health Act reference guide.
The purpose of this policy is to provide clear practice guidance to assist AMHP’s when an application to the county court is being considered to appoint and or displace a nearest relative.
To download the policy please follow the link: Displacement of nearest relative policy adopted.
Page last reviewed: April 04, 2024
Next review due: April 04, 2025