title: The nearest relative and s 3 of the Mental Health Act 1983 again.
abstract: The nearest relatives of mental patients play an important role. They refer them informally or formally (by making an application for their admission) to hospital; they are consulted about applications for admission for treatment under s 3 of the Mental Health Act (made by Approved Mental Health Professionals); they can order, subject to a medical veto, the discharge of some compulsorily detained patients; they make applications to the Mental Health Review Tribunal, etc. However, choosing which is the nearest relative for this purpose is not open to even a competent mental patient but has to be selected from a prescribed list under s 26 of the Mental Health Act 1983 though a patient can initiate proceedings to displace their statutory "nearest relative". This has resulted in court cases, most recently JT v United Kingdom [2000] 1 FLR 909. Further, when an application for treatment under s 3 of the Mental Health Act 1983 is made by an Approved Mental Health Professional, s 11(4) of the Act requires that applicant, first, to consult with the patient's nearest relative. This issue arose in TW v Enfield LBC [2014] EWCA Civ. 362. This paper considers and comments on these and other issues and identifies two unsatisfactory features of the law and makes recommendations for reform.
authors.affiliation: Law School, Southampton Solent University, Southampton, UK Benjamin.Andoh@solent.ac.uk.
authors.forename: Benjamin
authors.initials: B
authors.lastname: Andoh
mesh_terms: D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D005190:Family; D006801:Humans; D016743:Mental Competency / Q000331:legislation & jurisprudence; D028642:Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D006113:United Kingdom
keywords: Art. 5(1) of the European Convention on Human Rights 1950; Art. 8(1) of the European Convention on Human Rights 1950; Nearest relative; admission for treatment; approved mental health professional; need for change to the Law; s 11(4) of the Mental Health Act 1983; s 3 of the Mental Health Act 1983; s 3(1) of the Human Rights Act 1998