The nearest relative: losing the right to concur? Available to Purchase

The nearest relative of a patient detained under the Mental Health Act 1983 (HM Government, 1983) has an important role to play. S/he 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. 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.