Displacement of the Nearest Relative under the Mental Health Act
If you have objected to your relative being detained in hospital under Section 3 of the Mental Health Act, an Approved Mental Health Professional can apply to the County Court to get you 'displaced' as the nearest relative. This means that the Mental Health Professional believes you are not suitable to act as your relative's 'nearest relative' because your involvement poses a risk to your relative's health or well-being.
Grounds for applying for displacement of the 'nearest relative'
The Approved Mental Health Professional can make this application on the grounds that:
- you are unable to act as nearest relative by reason of mental disorder or other illness
- you have unreasonably objected to the making of the application for admission for treatment
- you have exercised, without due regard to the welfare of your relative or the interests of the public, your power to discharge your relative from hospital or are likely to do so.
If the court needs further information before it makes a final decision, it can still make a temporary order requiring your relative to be kept in hospital in the meanwhile.
Can my relative be sent to hospital without my consent?
Yes. The Approved Mental Health Professional can apply to the County Court in order for this to happen. If you have not given consent, your relative cannot be admitted until the court has made an order.
In most circumstances you will be given prior notice of the intention to apply to the court. However sometimes, because of the urgency of the case, the Mental Health Professional will have to proceed without giving you much notice. Even in these urgent situations, steps will be taken to inform you that an application is being made to the court.
If an application is made to the court, you are advised to take legal advice. You can contact Advocacy in Barnet if you need assistance with this:
- Tel: 020 8201 3415
- Fax: 020 8205 3618
- Email: admin@advocacyinbarnet.org.uk
- Website: www.advocacyinbarnet.org.uk (external link)
What rights do I have to challenge the decision to send my relative to hospital without my consent?
You can give your views to the county court when it is considering the application to displace you. If a court order is made, you can appeal to a Mental Health Review Tribunal for discharge of your relative.
How do I appeal?
If you wish to appeal, please contact staff on the ward or the Mental Health Act Administrator who will help you with the process and explain the options for appeal to you:
Dennis Scott Unit, Edgware Community Hospital, Burnt Oak Broadway, Edgware HA8 0AD
- Tel: 020 8732 6922 or 020 8732 6362
- Fax: 020 8732 6653
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Email this pageLast modified by: Dawn Rowe on 10/03/2009