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Nearest Relatives – Rights and displacement

    I just wanted to say what a privilege & a pleasure it has been to work with you on some of our shared allocations, & thank you for all your support & advice, which has been much appreciated.

    Client testimonial about Mike Bishop - Mental Health

    Many thanks for representing me during those times.. thanks for being there.

    Client testimonial about Paul Harbison - Mental Health

    May I thank you so much. Your kindness is very much appreciated.

    Client testimonial about Mike Bishop - Mental Health

    Just to say many thanks for your help and support before and during my tribunal. It was a pleasure to meet you.

    Client testimonial about Mike Bishop - Mental Health

    Just a note to sincerely thank you for yesterday. Without you I am sure my mother-in-law would still be subject to the Section.

    Client testimonial about Mike Bishop - Mental Health

    It was wonderful to meet you on the day and I still have not found enough words to say Thank you for all you are doing for my son.

    Client testimonial about Mike Bishop - Mental Health

    I am writing to say thank you so much for helping my daughter to obtain a discharge from her Section 2 of the Mental Health Act. I know it gave her great strength and hope at a time in her life when everything was extremely stressful and traumatic for her. Thank you once again for all your help.

    Client testimonial about Mike Bishop - Mental Health

    Just a short note to say how much I appreciated you kind letter, following the Tribunal, which left me feeling very low. Your support, understanding, and professionalism made the nightmare of being in that 'institution' and that situation bearable.

    Client testimonial about Mike Bishop - Mental Health

    We have been on a long journey, with quite a way to go. But we are thrilled with the recent result. Thank you so much for giving us so much help and support. We're thrilled.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for helping me out- I really appreciate it. You know something? I've always trusted you right from day one... you helped me out when everyone else ignored me. I like you and respect you.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for your letter. I was thrilled at the outcome of the tribunal, your client has spoke very highly of you and the expertise you offer, so I would like to thank you for helping one of our very special and valued volunteers.

    Client testimonial about Mike Bishop - Mental Health

    This is quite a complex situation that causes significant stress & anxiety to my friend, I am helping her cope with the situation and to get a better understanding of the process. We really appreciate your service and promptness, and wish to thank you very much for your professionalism.

    Client testimonial about Kathryn Smales - Mental Health

    Just wanted to say a quick thank you for the great work you did for my brother and especially the way you treated him with such dignity and respect.

    Client testimonial about Mike Bishop - Mental Health

    I can’t thank you enough for representing me at the Tribunal Hearing. Without that positive outcome I feel certain I could still be back in … lacking any impetus for change or renewal. I too enjoyed our meetings and remain optimistic that we shall not meet in relation to such circumstances again.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for being there for me. Please accept my sincere thanks! Best Wishes.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for your representation and best wishes, I found everyone I encountered at David Gray to be exceptional and will continue to recommend David Gray to friends in the future.

    Client testimonial about Emma Silburn - Mental Health

    She believed in me and stood by me, even when times were difficult and I was beginning to buckle under the pressure she offered me strong shoulders.

    Client testimonial about Emma Silburn - Mental Health

    Emma has commendable humane qualities that should be admired. She is a bright talented solicitor who is clearly dedicated to her job and believes in doing the best for her client…which quite frankly I find exceptional.

    Client testimonial about Emma Silburn - Mental Health

    You are always so gentle and kind, and take care to explain things in great detail for me to understand.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for today. My reputation means everything so trying your hardest means everything to me.

    Client testimonial about Paul Harbison - Mental Health

    She made me feel a valued human being, preserved my dignity and that I was not just another case. She has a commendable understanding of mental health (MH) and if there were more people like Emma to represent those who suffer from a MH illness the world would be a more humane place.

    Client testimonial about Emma Silburn - Mental Health

    The case was articulated with great clarity and skill by Mrs. Silburn (to whom we are very grateful)

    Client testimonial about Emma Silburn - Mental Health

    Thank you for representing me. I am delighted with the outcome. I greatly appreciate the time and effort of going through with me. Please will you pass on my sincere gratitude to your colleague Emma for her dedicated approach to my case as well.

    Client testimonial about Mike Bishop and Emma Silburn- Mental Health

All patients detained under the Mental Health Act have someone known as their “Nearest Relative” (unless they are subject to a Restriction Order).  The Nearest Relative is defined in law and should not be confused with the next of kin. Nearest Relatives have certain rights and powers in relation to the patient’s detention and discharge from Hospital.  In some circumstances, they can also be displaced.

The Mental Health Act sets out a list of close relatives including spouse, children, and parents, and dictated who should be identified as the patient’s Nearest Relative.  This is important because a patient cannot be made subject to certain sections if the Nearest Relative objects.

The Nearest Relative also has the power to request discharge of a patient from hospital or from being subject to a Community Treatment Order.  In order to request discharge a written application must be made to the Hospital Managers requesting that the patient is discharged. The patient’s Responsible Clinician, however, has the power to refuse or “bar” the application if they believe the patient would act in a manner dangerous to themselves or others if discharged.  They must respond within 72 hours of the Hospital Managers receiving the discharge application if they wish to bar it.

If discharge is barred then an independent hearing called a Hospital Managers hearing is convened.  The Nearest Relative would also have the right to appeal to a Mental Health Tribunal in this situation.

In some circumstances, an application can be made to the County Court to remove or “displace” a Nearest Relative.  An application can be made by a patient, one of their relatives, any person with whom the patient was residing before they were admitted to a hospital, or an Approved Mental Health Professional.  There are various grounds upon which an application can be made.

Our solicitors are able to advise you on this complex area of law and attend any hearings with you, either as a patient or a Nearest Relative, if necessary.

        

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