The AMHP must discuss the plan of action with you (the nearest relative). ‘Nearest relative’ is a legal term.
The person’s ‘next of kin’ has no legal status and cannot make decisions on their behalf unless they are also their nearest relative.
As the person’s nearest relative, you could be someone in their immediate family or a distant relative. Or you could be someone who is caring for the person but is not related to them.
The AMHP must follow the guidance set out in the act to identify the nearest relative and to work with them.
As the nearest relative you have the right to:
• make an application under the act (see below);
• get information about the person’s detention under the act;
• be involved in the person’s care and treatment;
• write to the hospital to ask for the person to be discharged;
• get information about plans for the person’s discharge from hospital;
• object to the person being detained under section 2 or 3 of the act; and
• object to the person being admitted to guardianship under section 7 of the act.
Who can be the nearest relative?
The act says who can be the nearest relative. The AMHP must follow the guidance in the act to identify the nearest relative. The AMHP will explain this to you to make sure you understand why you have
been identified as the nearest relative.
If you do not agree with the decision to detain the person for up to six months under section 3 of the act, and there is no other appropriate care available, it may be necessary for the AMHP to consider applying to the county court to change the nearest relative.
If you do not agree with the decision to admit the person to guardianship for up to six months under section 7 of the act, and there is no alternative, it may be necessary for the AMHP to consider applying to the county court to change the nearest relative.
If you want to arrange for someone else to take on the nearest relative role, the AMHP will tell you how to do this. The other person will need to agree in writing that they are willing to be the nearest relative.
Nearest relative requests and applications
If you want to request a referral for an assessment under the act, please call us on the number below. The person you speak to will ask you why you think an assessment is necessary.
Phone: 0330 22 28866
The act says that we do not have to arrange an assessment if we do not feel this is necessary, but we must explain our reasons to you in writing if this is what we decide.
The act also allows you to apply for the person to be detained. However, local authorities must make sure that there are enough AMHPs so that you do not need to do this.
If you want to make an application under the act, we will discuss with you what you need to do. The act says that, after the discussion, we must write a report to explain why you made the application,
and why it was not made by an AMHP.
Will the police be involved?
The police are not usually involved unless the assessment has taken place at a police station or a court has issued a warrant to gain entry to the person’s home. In some cases, the police may be called to
support the people carrying out an assessment, to prevent violence or public disturbance.