section 3 mental health act nearest relative

A patient cannot choose their NR. A Mental Capacity assessment does not require those 3 together. Electro-convulsive therapy for patients detained in hospital ; Your right to complain to the [Care Quality Commission] Your nearest relative under the Mental Health Act 1983; 2008. Conflicting human rights: One of the important rights that a nearest relative has, is to be consulted prior to admission. Address: Bucks County Council, Social Care, New County Offices, Walton St, Aylesbury, Bucks HP20 1EG, UK. As with detention under section 2 of the Act either an AMHP or the nearest relative can apply for a person to be detained in hospital for treatment. The Mental Health Act. The Nearest Relative is a really important role and is different to next of kin. This section identifies who that is other than in certain cases of child patients (see section 27 and 28). Martin Stuart Smith currently works as an AMHP and has worked as a social worker in the mental health field since 1984. After this the section may be renewed for another six months, and then for a year at a time. Á Their job is to look out for you, and make sure your wishes Under the Mental Health Act (MHA) 1983, the nearest relative of a patient (as defined in Section 26 MHA 1983) or an acting nearest relative appointed by a county court (under section 29 MHA 1983) has the right to request the patient’s discharge if they are detained for assessment or treatment under Part 2 of the MHA 1983 (i.e. ... 2015 3 Guid The Mental Health Services Act CHAPTER 1 INTRODUCTION 1.9 Limits of the Guide • The Guide addresses primarily the MHSA, however there may be other laws that apply to a situation. The importance of the Nearest Relative and their power to discharge patients detained under the Mental Health Act (MHA) 1983. under the Mental Health Act. Your Nearest Relative Key facts. Once developed, your care plan will include agreed timescales for implementing the various aspects of your care plan, Section 3 ~ Page 7 Your nearest relative will have certain set rights under the Mental Health Act 1983. The process to apply for guardianship is similar to the process for having a person detained under section 3 of the Mental Health Act. If an AMHP and 2 psychiatrists are undertaking an assessment it is likely to be an assessment under s.2 or s.3 of 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”. If you want to know more about these sections, speak to your Independent Mental Health Advocate who will be able to explain them to you. No application for admission or treatment under section 3 may be made by an [approved mental health professional [AMHP] without first consulting with the nearest relative unless the [AMHP] considers that such consultation is not reasonably practicable or would involve unreasonable delay (section 11(4)). 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. Chapter 5 of the Code of Practice also … 1 ‘Child patient ’ rules; 2 Does the patient have a ‘relative’ (as defined)? 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. 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. The definition of a Nearest Relative is contained in Section 26 of the Mental Health Act 1983 and defining who the Nearest Relative can be a complex process and should be undertaken by an Approved Mental Health Professional or someone who has significant experience of using the Mental Health Act. Revocation of community treatment order for treatment under Section 3 of the Mental Health Act; Miscellaneous. However, he did not consult with P's nearest relative … Know your rights The Mental ealth Act ode of ractice 1 of 6 Your Nearest Relative.. An easy read fact sheet.. This is a specific and unique role to the Mental Health Act. The term relative is defined by the Mental Health Act as a list. You are entitled to section 117 after-care if you have been in hospital under sections 3, 37, 45A, 47, or 48 of the Mental Health Act 1983. The Court identified the main issue to be whether it was “reasonably practicable” under s.11(4) of the Mental Health Act for the ASW to have consulted TW’s father, in his capacity as Nearest Relative, before making the application under s.13(1). Nearest relatives can ask for an assessment to decide if their relative should be detained under the Mental Health Act. The nearest relative according to Section 26 of the Act is the first surviving person in the following list: 1) husband or wife (or co-habitee for more than 6 months) 2) son or daughter (if aged over 18 years) Publicity shot for the West End Hit “Principal Changes in the Mental Health Act 2007 – Missus!” The Nearest Relative, as defined within the Mental Health Act, has an important role to play. 3 Which of these relatives is nearest relative? The Mental Health (Care and Treatment) (Scotland) Act 2003 makes provision for nominating someone else other than your nearest relative to act as such – what it calls a ‘named person’. All your mental health and social care should be provided for free, for as long as you need it. He is the particularly interested in the role of the nearest relative in relation to the Mental Health Act 1983. The list is below. A patient can only have one nearest relative. 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 Mental Health Act gives certain rights to the nearest relatives of a patient detained in hospital under either Section 2 or Section 3 of the Mental Health Act. 3. Section 3 of the Act allows for a person to be detained for up to six months to begin with. An AMHP or the person’s nearest relative can apply for guardianship if the person is putting their own health at risk or if they are a danger to themselves or others. The approved social worker thought the mother was the nearest relative, but it was someone else. 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. Defining the nearest relative can be complex and should be undertaken by an Approved Mental Health Professional (AMHP) or someone who has experience of the Act. Á The Mental Health Act tells you who your Nearest Relative should be. • There may be other options not discussed in the Guide which meet the requirements of the MHSA. By section 11(4) of the MHA an Approved Mental Health Professional (AHMP) may not make an application for admission for treatment under section 3 of the MHA in respect of a patient if the patient’s nearest relative has notified the AHMP that they object to the application being made. Section 3 of the Mental Health Act is commonly known as “treatment order” it allows for the detention of the service user for treatment in the hospital based on certain criteria and conditions being met. An approved mental health professional (AMHP) made an application for P to be admitted for treatment under s.3 MHA. The Nearest Relative is usually whoever appears first in the list below (or the oldest if two relatives appear at the same level): Husband, wife or civil partner under the Mental Health Act. 4 Who is disqualified from being a ‘relative’? have one, and with your agreement, your nearest relative. Section 11 of the Act says that an AMHP cannot make an application that a person be detained for treatment under section 3 if either: “they have not consulted the person who appears to be the patient's nearest relative (unless it is not reasonably practicable or would cause unreasonable delay); or the nearest relative has told either the AMHP or the LSSA that they object.” Your nearest relative is usually a family member who has special rights and responsibilities if you are detained in hospital under sections 2 or 3 MHA 1983, you are subject to a community treatment order or you are subject to guardianship (section 7). Unless the patient objects, the managers of a psychiatric institution in which a patient … 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’). A patient’s nearest relative has an important role to play in the operation of formal processes of detention and discharge. The team “Nearest Relative” (NR) is a term used in the Mental Health Act. Section 2, 3, Guardianship or a Community Treatment Order). 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’). It is not the same as the next of kin. In McLarnon v Bradford District Care Trust and two others, a patient had been detained under section 3 of the Mental Health Act 1983 (‘MHA 1983’). The definition of a nearest relative is contained in Section 26 of the Act. It also says that other people sometimes have to tell your nearest relative things about your care and treatment. This is dictated by the Mental Health Act and is not the same as Next of Kin. Contents. Section 26 sets out who your nearest relative will be. Section 26 of the Mental Health Act explains who can be the nearest relative (NR). These things are called your nearest relative… Use this guidance if you think you might be a patient’s ‘Nearest Relative’ (a legal term) in a First-tier Tribunal - Health, Education and Social Care Chamber (Mental Health) hearing. Part 2 - your nearest relative’s rights The Mental Health Act says that your nearest relative can do various things in connection with your care and treatment. Health Act Office at either: Mental Health Act Office St Nicholas Hospital Jubilee Road Gosforth Newcastle upon Tyne NE3 3XT Mental Health Act Office Carleton Clinic Cumwhinton Drive Carlisle Cumbria CA1 3SX Or you can ask a member of staff to help you contact the Hospital Managers. Section 29 tells you the grounds under which you can change your nearest relative. When the Trust learned that her nearest relative had been incorrectly identified. 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