Patients who have a nearest relative
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The following patients have a nearest relative:
- s2 (admission for assessment);
- s3 (admission for treatment);
- s4 (admission for assessment in cases of emergency);
- s5 (application in respect of patient already in hospital);
- CTO;
- unrestricted s37 (including 'notional' s37);
- s7 guardianship.
The following patients do not have a nearest relative:
INFORMATION
- Representation
- Civil sections and CTOs
- Criminal sections
- Section 37: hospital order
- Section 37/41: hospital order with restrictions
- Conditional discharge resources
- Sections 47, 48 and 49: transferred prisoners
- Prison sentences
- Notional s37
- Section 45A: hospital direction
- Section 38: interim hospital order
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37: guardianship order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 51(5): hospital order without conviction
- Detention under insanity legislation
- Admission order
- Aftercare
- Mental Health Tribunal
- Tribunal Rules
- Preliminary legal points
- Tribunal eligibility
- Commentary on some FTT matters
- Overriding objective (MHT)
- Applications (MHT)
- Parties (MHT)
- Victims (MHT)
- Representatives (MHT)
- Notice of proceedings, and listing (MHT)
- Medical examination (MHT)
- Remote hearings (MHT)
- Recording of hearings (MHT)
- Disposal without hearing (MHT)
- Hearing in a party’s absence (MHT)
- Decisions by a single judge (MHT)
- Reports (MHT)
- Evidence (MHT)
- Non-disclosure of documents and information (MHT)
- Directions (MHT)
- Adjournment and postponement (MHT)
- Withdrawal (MHT)
- Reinstatement (MHT)
- Decisions (MHT)
- Public hearing (MHT)
- Wasted costs (MHT)
- Appealing against a tribunal decision (MHT)
- Mandatory and discretionary references
- Nearest relative
- Patients who have a nearest relative
- Identification of nearest relative
- Nearest relative powers
- Changing the nearest relative
- Nearest relative - miscellaneous
- Legal Aid
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- Mandatory and discretionary references
- Nearest relative
- Patients who have a nearest relative
- Identification of nearest relative
- Nearest relative powers
- Changing the nearest relative
- Nearest relative - miscellaneous
- Legal Aid
- International law
- Changes made by MHA 2007
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
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- Court of Protection User Group
- Crown Prosecution Service
- Department of Health and Social Care
- Essex Mental Health Independent Inquiry
- European Union Agency for Fundamental Rights
- Family Law Week
- Fixated Threat Assessment Centre
- General Medical Council
- Gov.uk website
- Health Professions Council
- Healthcare Commission
- Healthcare Inspectorate Wales
- House of Lords Select Committee on the Mental Capacity Act 2005
- HUDOC
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- International Journal of Mental Health and Capacity Law
- Joint Committee on the Draft Mental Health Bill
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- Legislation.gov.uk
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- Mental Health Lawyers Association
- National Confidential Inquiry into Suicide and Safety in Mental Health
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- National Policing Improvement Agency
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