Nearest Relative & Family Involvement

Nearest Relative & Family Involvement

Understanding the legal role, confidentiality, family support and the future Nominated Person reform

The Mental Health Act’s “Nearest Relative” is a specific legal role and is not necessarily the same person as somebody’s next of kin, emergency contact or closest family member.

This resource explains that distinction while also looking at the much broader role that families, partners, friends, carers and chosen support networks can have in somebody’s care.

It includes:

• What a Nearest Relative is
• How the role is identified
• The difference between Nearest Relative and next of kin
• Displacement of a Nearest Relative
• Admission and consultation rights
• Nearest Relative discharge powers
• Family and carer involvement
• Confidentiality and information sharing
• Listening to families without improperly disclosing information
• When a patient does not want family involved
• Supporting somebody in hospital
• The future Nominated Person system

A practical guide to separating statutory Mental Health Act rights from ordinary family involvement while keeping the person’s own wishes central.

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