Q&As

Can a designated 'nearest relative' within the meaning of regulation 24 of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 in turn delegate that function to another person? Could the nearest relative function be delegated to a local authority?

read titleRead full title
Published on LexisPSL on 27/02/2017

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can a designated 'nearest relative' within the meaning of regulation 24 of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 in turn delegate that function to another person? Could the nearest relative function be delegated to a local authority?
  • Who can be appointed as the ‘nearest relative’?
  • Delegation of functions
  • Who may not be appointed the nearest relative?
  • Powers of the nearest relative

The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 (the Regulations), SI 2008/1184 are the principal regulations dealing with the procedural matters relating to compulsory treatment of persons who have a mental disorder under the Mental Health Act 1983 (MeHA 1983) as amended by the Mental Health Act 2007.

Who can be appointed as the ‘nearest relative’?

MeHA 1983, s 26 defines ‘relative’ and ‘nearest relative’. MeHA 1983, s 26(1) states that ‘relative’ means any of the following persons:

  1. husband or wife [or civil partner]

  2. son or daughter

  3. father or mother

  4. brother or sister

  5. grandparent

  6. grandchild

  7. uncle or aunt, and

  8. nephew or niece

MeHA 1983, s 26(3) provides that the ‘nearest relative’ is the person first described in subsection (1) above who is for the time being surviving, relatives of the whole blood being preferred to relatives of the same description of the half-blood and the elder or eldest of two or more relatives described in any paragraph of that subsection being preferred to the other or others of those relatives, regardless of sex.

Under MeHA 1983, s 29 the County Court may (upon application) make an order directing that the functions of the nearest relative of the patient (under MeHA 1983, Part II and MeHA 1983, ss 66 and 69) be exercised by the person specified in the order. Halsbury’s An

Related documents:

Popular documents