Section 3 of the mental health act. - Find a freedom of information request

1. Please can you provide me with a code of conduct in relation to the identification and respective allocation of a nearest relative, specifically in relation to a patient sectioned under section 3 of the mental health act.

2. Please can you also confirm what steps should be taken by the AMHP to ensure that the closest relative is located / contacted before nearest relative status is assigned to a 3rd party.

3. Please can you confirm if an AMPH has authority to allocate / assign nearest relative status to a 3rd party without the need for a court order or other overruling documentation.

I can confirm that the information requested is held by Lincolnshire County Council. I have detailed below the information that is being released to you.

1. Identification of the nearest relative is set out in section 26 of the Mental Health Act 1983. The Act is available from

https://www.legislation.gov.uk/ukpga/1983/20/part/II/crossheading/functions-of-relatives-ofpatients.

Chapter 5 of the Mental Health Act Code of Practice gives guidance on the identification, appointment, and displacement of nearest relatives under the Act.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/435512/MHA_Code_of_Practice.PDF.

2. Nearest relative' is a legal term used in the Mental Health Act 1983. Section 26 of the Mental health Act 1983 (link above) explains who a nearest can be relative. The term 'relative' is defined by the Mental Health Act in a list. The general rule is that the nearest relative will be the identified person who comes highest on the list. There are other rules that may affect who the nearest relative will be.

3. An AMHP will identify the nearest relative in accordance with section 26 of the Mental Health Act 1983. Where this is not possible, an application can be made for appointment by the court of an acting nearest relative (see section 29, Mental Health Act 1983, for further information). An identified nearest relative can delegate to another, without need for application to court, by completing a delegation form: Form NR1 Regulation 24, Mental Health Act 1983 - Nearest Relative delegating functions to another person.