# Can a nearest relative object to a CTO?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297>\
**Category:** Law and practice\
**Tags:** nr, cto\
**Created:** [17 March 2024 16:36 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297 "2024-03-17T16:36:46Z")\
**Posts on this page:** 7\
**Page:** 1

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**Author:** ![Neale10](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/94ad74/32.png) [@Neale10](https://forum.mentalhealthlaw.co.uk/u/Neale10)\
**Post date:** [17 March 2024 16:36 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297/1 "2024-03-17T16:36:46Z")

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Hi! Can a nearest relative object a CTO please?

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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [17 March 2024 16:52 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297/2 "2024-03-17T16:52:28Z")

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No, has power to discharge though.

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**Author:** ![Ngema](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/e95f7d/32.png) [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\
**Post date:** [18 March 2024 19:47 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297/3 "2024-03-18T19:47:20Z")

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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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**Author:** ![Sifo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ba9def/32.png) [@Sifo](https://forum.mentalhealthlaw.co.uk/u/Sifo)\
**Post date:** [18 March 2024 20:46 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297/4 "2024-03-18T20:46:10Z")

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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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**Author:** ![NeilSanyal](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/49beb7/32.png) [@NeilSanyal](https://forum.mentalhealthlaw.co.uk/u/NeilSanyal)\
**Post date:** [18 March 2024 23:37 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297/5 "2024-03-18T23:37:42Z")

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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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**Author:** ![Neale10](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/94ad74/32.png) [@Neale10](https://forum.mentalhealthlaw.co.uk/u/Neale10)\
**Post date:** [19 March 2024 00:18 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297/6 "2024-03-19T00:18:44Z")

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Thank you everyone for your responses very helpful!

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**Author:** ![Ngema](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/e95f7d/32.png) [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\
**Post date:** [19 March 2024 20:57 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297/7 "2024-03-19T20:57:58Z")

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Thank you Simon this is helpful