Child safety
Local Authorities have a general duty to safeguard the children in their area, reduce...- 31 May 2023
Patients detained pursuant to the following sections have a Nearest Relative recognised by the Mental Health Act:
The following patients do not have a Nearest Relative recognised by the Mental Health Act:
Section 26 of the Mental Health Act dictates the identity of a person’s Nearest Relative and the Order is as follows:
* Unless they are separated or deserted. A cohabitee who has lived with the person as husband, wife or civil partner for six months or more will fall within this category.
If two or more persons come under the same category then the elder/ eldest will be classed as Nearest Relative.
The Nearest Relative has certain rights and these include:
The Nearest Relative can delegate their role to another person, this can be revoked subject to notification conditions. Delegations and revocations must be in writing and take effect upon their receipt by the other person.
The County Court has the power to appoint or displace a Nearest Relative.
- 31 May 2023
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