Centre for Policy on Ageing



The nearest relative — losing the right to concur?
Author(s)	David Hewitt
Journal title	The Journal of Adult Protection, vol 12, no 3, August 2010
Pages	pp 35-39
Source	Website: http://pierprofessional.metapress.com/content/1213... doi: 10.5042/jap.2010.0413
Keywords	Mental disorder ; Patients ; Psychiatric units ; Rights [elderly] ; The Family ; Law courts ; Case studies.
Annotation	The nearest relative of a patient detained under the Mental Health Act 1983 has an important role to play. He or she might even object to detention, and in some circumstances, any such objection will have to be respected and the patient cannot lawfully be detained. A recent High Court case examined what it means to object to detention (M v East London NHS Foundation Trust (Defendant) and Hackney London Borough Council (Interested Party) 11 February 2009). The judge said that although a nearest relative might be believed not to have objected, detention will only be lawful if that belief was reasonable. He also suggested that in some cases, objection should be inferred from a nearest relative's previous conduct. (RH).
Accession Number	CPA-100816005 A
Classmark	E: LF: LDL: IKR: SJ: VYL: 69P
Data © Centre for Policy on Ageing

...from the Ageinfo database published by Centre for Policy on Ageing.