Nearest relative

Under the Mental Health Act, an individual’s nearest relative – their spouse, child, parent or other family member – has certain rights depending on the type of section involved.

These rights can include:

• To be consulted before detention takes effect
• To ask for the individual to be discharged
• To apply to the Mental Health Tribunal themselves

If the nearest relative is considered unsuitable, the individual, someone they live with or a mental health professional can apply to the County Court to change the person with these rights.

For more information on our mental health services, please contact us.