NR wants to delegate her role but there is no-one to delegate it to

Law and practice Mental Health Act
1

NR wants to delegate her role but there is no-one to delegate it to (no family and friends). Do we as the AMHP service apply to the county court to become NR?
The patients has capacity regarding this decision and cold make an application to displace her NR but NR does not want to be NR so it appears to be unnecessary. What would be the best legal process to assure the patient has a NR in this circumstances?

2

NR delegates to LA?

3

Do you know why the NR wants to delegate? Is it a temporary or permanent decision?

4

Richard Jones suggests, in his general note to Regulation 24, that delegation cannot be made to a local authority, because a delegate cannot delegate and ‘this principle would prevent delegation to a local authority because the authority could not further delegate the function to an officer.’ But my latest edition is the 23rd. He may have suggested a different opinion in later editions. I know of at least one local authority which has taken legal advice and found an obscure precedent (from outside mental health caselaw) which they are interpreting as meaning that a local authority could delegate the function to an officer after delegation. And there have been cases around the country of a court refusing to appoint a local authority (despite the Reference Guide explicitly saying that is what should happen when seeking appointment via the court) and have insisted on an individual from the LA being named in the court order. What would be the best legal process? Probably one that doesn’t actually exist at the moment, to be honest. Some places have explored using an advocacy service to act as NR in these situations rather than the LA. But nearest relatives aren’t straightforwardly advocates, and will sometimes be in active disagreement with ‘the patient’- something an advocate may struggle with. Other places have mutual agreements in place with a neighbouring local authority to take in the role, to avoid conflicts of interest. No easy answers I’m afraid.

5

sisters do not have a good relationship, we explored it, NR made her decision