R (C) v South London and Maudsley NHS Trust [2001] EWHC Admin 1025

Identification of nearest relative in s11(4) is a subjective test - "who appears to him to be the nearest relative" - and the court will not interfere unless the social worker failed to apply the test in section 26 or acted with bad faith, or in some way reached a conclusion that was plainly wrong. Permission to apply for judicial review refused.


[2001] MHLR 187

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