RC never informed nearest relative of barring report

[CaptainWalker (Russell Lutchman)]

Some will say that I’m sticking my neck out on this. I am giving opinion - not advice - based on the text of what was in the OP.

@osands

Hello, I am currently under section 3 of the mental health act and I would like help understanding this. My NR filed an NR appeal and it got barred however, the social worker verbally told my NR that it was barred. My nearest relative hasn’t received written or even verbal confirmation of the barring by my RC. I’ve searched online and apparently this goes against section 25(1) of the MHA. I would like to know if this is officially barred of if I can be discharged due to this failure? Thanks

On this particular point:

@osands

My nearest relative hasn’t received written or even verbal confirmation of the barring by my RC. I’ve searched online and apparently this goes against section 25(1) of the MHA.

You wisely identified the relevant law and will have discovered that the mangers (who are not actually part of hospital management) are responsible for informing the nearest relative of the barring.

IMHO a person in your situation and their NR will naturally have locus standi to make inquiries, consequent to any real or impending disadvantages.

See my standard tips for taking action at Advice about CTO tribunal -- hearing imminent but not heard from solicitor - #8 by CaptainWalker repeated below:

1. Avoid phone calls to ‘people’ and ‘organisations’ - because they tend to be ignored - from my long experience.
2. Emails: same as above.
3. Obtain legal advice and/or action.
4. If no means to obtain legal advice, then use the information from the linked article (after double checking) to put in stiff letters to various ‘people’ or ‘organisations’. [ The Pivotal Role of the Nearest Relative in Mental Health Care]
5. If sending letters ensure proof of delivery is obtained.
6. Always keep 5 backup copies (3 electronic and 2 paper copies)
7. Always request or demand responses within a reasonable time frame such as “X working days”.
8. When in doubt, consider writing the ‘a Chief Exec’ and or MP.
9. Keep an organised file and prepare for ‘battle’ or ‘war’.
10. And finally psychological preparation is ‘everything’ as these things are so stressful. But ‘Never back down!’ https://youtu.be/xy921Pn3lhA - no it’s not ‘devil music’ - as I’ve been told - see lyrics Two Steps From Hell – Never Back Down Lyrics | Genius Lyrics - it’s my song before I go into battle. It may not work for everybody. Cheers.

Best Wishes.