Can a nearest relative object to a CTO?

Law and practice
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1

Hi! Can a nearest relative object a CTO please?

2

No, has power to discharge though.

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3

Thank you for sharing this: does this mean then there is no legal obligation for consultation with the NR during a CTO?

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4

No, no duty to consult the NR. However, as the patient will be entitled to s.117 aftercare, if the NR is likely to be in a caring role after discharge from hospital they need to be involved in the aftercare planning. See the Appendix on s.117 to the recent ‘Discharge from mental health inpatient settings’ statutory guidance and various Local Government Ombudsman’s decisions finding fault with Councils which have not done this.

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5

Consultant Psychiatrist - RC - should be the professional who consults the Nearest Relative as they are the applicant, not the AMHP. Ask some and see if they do it! The reason they need to consult the NR is the one Simon Foster has given. The AMHP’s role is merely to agree to the CTO or not.

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6

Thank you everyone for your responses very helpful!

7

Thank you Simon this is helpful