My daughter was put in to a section 3 yesterday and as her next of kin I agreed, it is what is best. She hasn’t been engaging with me or anyone but is now talking about appealing this. She has been told by hospital staff that one way to do this is that I, as next of kin, could have her released. She has said that she would like to change my status of nok. Can she do that?
The Nearest Relative isn’t the same as NoK although they might be the same person. You can delegate your NR role to another person by getting that person to accept it. This has to be in writing to the hospital managers. Your daughter has a right to appeal against her detention but that doesn’t mean she will be discharged. Her case will be considered in a formal hearing. You can also “order” her discharge but the doctor can prevent that. I am sure that the AMHP who spoke with you about your rights as NR would be happy to talk further with you.
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https://www.mind.org.uk/information-support/legal-rights/nearest-relative/overview/
There are other helpful sites in the web that might be helpful.
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Hi,
Firstly the MHA (1983) does not recognise NoK. What it does recognise is what is referred to as Nearest Relative (NR). This is stated under s. 26 MHA (1983) and the listing of who can be Nearest Relative is given in a hierarchy with exceptions.
The discharge of a patient by NR is under s. 25 of the said act and the administrative process under s. 23.
Displacement of the NR is s.29 (3) with the grounds underline sub. section 3a- 3e.
So, if the daughter wishes to displace you. The grounds have to be met in the first instance and if she wishes to proceed the application has to be made to the County Court.
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Thank you all, that’s helpful
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