# Sectioned MHA 2 - no nearest relative 

**URL:** <https://forum.mentalhealthlaw.co.uk/t/sectioned-mha-2-no-nearest-relative/2293>\
**Category:** Mental Health Act\
**Created:** [16 March 2024 11:06 UTC](https://forum.mentalhealthlaw.co.uk/t/sectioned-mha-2-no-nearest-relative/2293 "2024-03-16T11:06:56Z")\
**Posts on this page:** 2\
**Page:** 1

<div class="post-metadata">

**Author:** ![ClientNorthampton](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/9d8465/32.png) [@ClientNorthampton](https://forum.mentalhealthlaw.co.uk/u/ClientNorthampton)\
**Post date:** [16 March 2024 11:06 UTC](https://forum.mentalhealthlaw.co.uk/t/sectioned-mha-2-no-nearest-relative/2293/1 "2024-03-16T11:06:56Z")

</div>

What are the considerations where a section 2a is implemented where there is no ‘nearest relative’ /no relative identified or consulted when a section 2a is applied? In the absence of being able to consult or inform any relative, additionally the patient was not informed the assessment was going to be carried out and did not have any family, personal representation or appropriate advocacy when the assessment team arrived at his house without prior notification; was the section application legally appropriate?

---

<div class="post-metadata">

**Author:** ![Daguerrotype](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/e8c25b/32.png) [@Daguerrotype](https://forum.mentalhealthlaw.co.uk/u/Daguerrotype)\
**Post date:** [16 March 2024 15:15 UTC](https://forum.mentalhealthlaw.co.uk/t/sectioned-mha-2-no-nearest-relative/2293/2 "2024-03-16T15:15:00Z")

</div>

This appears to have been carried out correctly & legally. The only matter is that the AMHP should consider whether to ask the court to appoint someone as NR - if there is anyone willing and able to do so.

(retired ASW & ex-AMHP trainer)