# Nearest Relative - relative visiting from overseas

**URL:** <https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051>\
**Category:** Mental Health Act\
**Tags:** nr\
**Created:** [29 August 2026 14:56 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051 "2026-08-29T14:56:32Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Shazza](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/90ced4/32.png) [@Shazza](https://forum.mentalhealthlaw.co.uk/u/Shazza)\
**Post date:** [29 August 2026 14:56 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051/1 "2026-08-29T14:56:32Z")

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A mother is visiting her daughter detained under s2 of MHA She usually lives in another country. She is visiting on a visa. Can she be considered NR whilst staying in Uk? Patient is being assessed for s3 and has asked her mother to object if she is considered to be the NR. She has no relatives or others living in Uk who can be considered NR under the list

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**Author:** ![AllThatSzasz](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/allthatszasz/32/382_2.png) [@AllThatSzasz](https://forum.mentalhealthlaw.co.uk/u/AllThatSzasz)\
**Post date:** [29 August 2026 16:20 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051/2 "2026-08-29T16:20:58Z")

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If the patient is a resident in the UK (or channel islands/ Isle of mann) the simple answer is no she does not become NR.

In order to be NR the mother would need to be an ordinary resident which visiting on a visa would not normally meet.

If the patient is not a resident of the UK the mother can be the Nearest Relative regardless of where she live.

Check S26 (5)a

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**Author:** ![Shazza](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/90ced4/32.png) [@Shazza](https://forum.mentalhealthlaw.co.uk/u/Shazza)\
**Post date:** [29 August 2026 21:29 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051/3 "2026-08-29T21:29:07Z")

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Thank you. The patient lives in Uk. So she has no NR within the meaning of the Act. I understand that S3 application can be made even though this is the case.

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**Author:** ![CaptainWalker](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/captainwalker/32/159_2.png) [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\
**Post date:** [1 September 2026 10:08 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051/4 "2026-09-01T10:08:26Z")

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> [@Shazza](#):
>
> I understand that S3 application can be made even though this is the case.

On what basis you came to understand that?

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**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\
**Post date:** [1 September 2026 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051/5 "2026-09-01T10:19:15Z")

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> [@CaptainWalker](#):
>
> On what basis you came to understand that?

The requirement to consult under s.11(4)(b) only arises if the patient has a Nearest Relative to start with.