Nearest relative - introduction

s26 MHA 1983 dictates the identity of the patient's nearest relative. The patient never has any right to choose, a situation which has been held to be incompatible with Article 8 (insert case references). However, the nearest relative can delegate his position to another person (insert reference).

The nearest relative has certain rights, the most important of which (from the patient's perspective) is the right to request discharge of patients from civil sections; a request that must be granted unless the RMO issues a barring order. Following a barring order, a Hospital Managers' Hearing is automatically convened and (in section 3 cases only) the NR can make an application to the MHRT.