Nearest Relative Consultation and the Avoidant Approved Mental Health Professional
DOI:
https://doi.org/10.19164/ijmhcl.v0i18.283Abstract
This article examines three recent cases involving habeas corpus ad subjiciendum applications arising out of alleged failures to comply with the provisions relating to nearest relatives within the Mental Health Act 1983 (‘MHA’). One of these cases assists with the establishment of the identity of a nearest relative, and the two others consider the requirements of the consultation process to be carried out by an Approved Mental Health Professional (‘AMHP’) (formerly Approved Social Worker ‘ASW’). The important implications of these decisions for patients, nearest relatives and hospitals are discussed in detail.
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