...David Hewitt Purpose – The purpose of this paper is to explain a decision of the Court of Appeal about the duty an Approved Mental Health Professional (AMHP) will sometimes have to consult a patient's nearest relative, and to set that decision in the context of an earlier one. Design...

...David Hewitt A patient may be detained under section 3 of the Mental Health Act 1983 (HM Government, 1983) only if his nearest relative does not object. Whether an objection has been made will be a question for the approved mental health professional (AMHP) concerned, but their answer will have...

...David Hewitt 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...