# \#nr

**URL:** https://forum.mentalhealthlaw.co.uk/tag/nr/36.md

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## [Nearest Relative - relative visiting from overseas](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051)

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**Author:** [@Shazza](https://forum.mentalhealthlaw.co.uk/u/Shazza)\
**Replies:** 4\
**Last updated:** [1 September 2026 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051 "2026-09-01T10:19:15Z")

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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 …

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## [Consulting nearest relative against patient's wishes](https://forum.mentalhealthlaw.co.uk/t/consulting-nearest-relative-against-patients-wishes/5891)

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**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\
**Replies:** 4\
**Last updated:** [10 July 2026 10:35 UTC](https://forum.mentalhealthlaw.co.uk/t/consulting-nearest-relative-against-patients-wishes/5891 "2026-07-10T10:35:06Z")

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If an AMHP has the contact details of the Nearest Relative of someone being assessed for a section 3, would/should they always consult the NR even if the patient says he does not want his family to be involved? I am try…

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## [Relinquishing nearest relative role after delegation](https://forum.mentalhealthlaw.co.uk/t/relinquishing-nearest-relative-role-after-delegation/5859)

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**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\
**Replies:** 4\
**Last updated:** [3 July 2026 12:58 UTC](https://forum.mentalhealthlaw.co.uk/t/relinquishing-nearest-relative-role-after-delegation/5859 "2026-07-03T12:58:42Z")

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Hi Patient currently subject to detention under s3. Eldest sister NR under s26 - but she delegated function to youngest sister in writing. Both want nothing to do with the patient. Youngest sister says she has relinquis…

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## [Displacing Nearest relative](https://forum.mentalhealthlaw.co.uk/t/displacing-nearest-relative/5274)

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**Author:** [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\
**Replies:** 3\
**Last updated:** [5 March 2026 09:06 UTC](https://forum.mentalhealthlaw.co.uk/t/displacing-nearest-relative/5274 "2026-03-05T09:06:37Z")

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When displacing Nearest Relative would the patients usual solicitor help with this or a different one with a specialism?

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## [Consequences of wrong person possibly consulted as nearest relative](https://forum.mentalhealthlaw.co.uk/t/consequences-of-wrong-person-possibly-consulted-as-nearest-relative/4429)

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**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\
**Replies:** 2\
**Last updated:** [7 January 2026 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/consequences-of-wrong-person-possibly-consulted-as-nearest-relative/4429 "2026-01-07T12:18:02Z")

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client is detained under section 3. The AMHP consulted the client’s mother and identified her as the nearest relative. However, when I spoke to the client, he stated that his father is the older of the two parents and sh…

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## [Tribunal application rights of NR and patient on s37](https://forum.mentalhealthlaw.co.uk/t/tribunal-application-rights-of-nr-and-patient-on-s37/4682)

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**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\
**Replies:** 3\
**Last updated:** [22 November 2025 11:09 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-application-rights-of-nr-and-patient-on-s37/4682 "2025-11-22T11:09:52Z")

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The patient is on a notional Section 37. Their Nearest Relative applied to the Tribunal and the application has already been heard, but the patient was not discharged. Can the patient now make their own application now?

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## [Can NR apply to tribunal when barred from discharging s2?](https://forum.mentalhealthlaw.co.uk/t/can-nr-apply-to-tribunal-when-barred-from-discharging-s2/4640)

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**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\
**Replies:** 1\
**Last updated:** [13 November 2025 16:37 UTC](https://forum.mentalhealthlaw.co.uk/t/can-nr-apply-to-tribunal-when-barred-from-discharging-s2/4640 "2025-11-13T16:37:27Z")

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If someone is detained under Section 2 of the Mental Health Act and their nearest relative orders their discharge but it is barred, can the nearest relative appeal to the Tribunal? If not, why not?

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## [Legal representation for nearest relative and patient at tribunal](https://forum.mentalhealthlaw.co.uk/t/legal-representation-for-nearest-relative-and-patient-at-tribunal/3504)

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**Author:** [@anonymous59](https://forum.mentalhealthlaw.co.uk/u/anonymous59)\
**Replies:** 5\
**Last updated:** [9 November 2025 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-representation-for-nearest-relative-and-patient-at-tribunal/3504 "2025-11-09T09:58:15Z")

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Thanks. If my NR applies to the tribunal, can they get representation? They have the same right to appoint someone to represent them at their tribunal. This can be a legal representative or a non-legal representative. …

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## [When does delegation of Nearest Relative powers under Reg 24 end?](https://forum.mentalhealthlaw.co.uk/t/when-does-delegation-of-nearest-relative-powers-under-reg-24-end/4557)

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**Author:** [@larapatrick](https://forum.mentalhealthlaw.co.uk/u/larapatrick)\
**Replies:** 4\
**Last updated:** [31 October 2025 16:01 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-delegation-of-nearest-relative-powers-under-reg-24-end/4557 "2025-10-31T16:01:13Z")

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Where the NR role has been delegated under Reg 24, does this only last for the detention period in which the delegation was made? The Regs refer to the delegation ending on withdrawal of delegation / death of NR or NR c…

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## [Nearest Relative Discharge Request - when does email take effect?](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-discharge-request-when-does-email-take-effect/4114)

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**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\
**Replies:** 4\
**Last updated:** [28 August 2025 12:22 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-discharge-request-when-does-email-take-effect/4114 "2025-08-28T12:22:38Z")

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Hi All, I have a couple of questions regarding a Nearest Relative (NR) asking to discharge their son under the MHA Section 3. I understand that the RC has the right to barr the request of discharge that the NR has aske…

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## [Consequences of NR discharge notice](https://forum.mentalhealthlaw.co.uk/t/consequences-of-nr-discharge-notice/3972)

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**Author:** [@Jackson3005](https://forum.mentalhealthlaw.co.uk/u/Jackson3005)\
**Replies:** 8\
**Last updated:** [21 August 2025 00:09 UTC](https://forum.mentalhealthlaw.co.uk/t/consequences-of-nr-discharge-notice/3972 "2025-08-21T00:09:35Z")

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My wife was on a section 2 which ended and was put on a section 3. She has made a good recovery and her mental health is much better. She was allowed unsupervised leave 10 times a day for 20 minutes at a time to go for…

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## [Patient under s5(2) - NR objection to s3](https://forum.mentalhealthlaw.co.uk/t/patient-under-s5-2-nr-objection-to-s3/3704)

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**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\
**Replies:** 10\
**Last updated:** [29 May 2025 13:41 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-under-s5-2-nr-objection-to-s3/3704 "2025-05-29T13:41:47Z")

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Hi So patient was initially under section 2 around 4 weeks ago - which was rescinded by the RC after about 3 weeks into the detention as patient had agreed to voluntary admission. 2 weeks into his voluntary admission t…

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## [How do we help our brother as a Nearest Relative?](https://forum.mentalhealthlaw.co.uk/t/how-do-we-help-our-brother-as-a-nearest-relative/3596)

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**Author:** [@Olu](https://forum.mentalhealthlaw.co.uk/u/Olu)\
**Replies:** 2\
**Last updated:** [29 April 2025 13:22 UTC](https://forum.mentalhealthlaw.co.uk/t/how-do-we-help-our-brother-as-a-nearest-relative/3596 "2025-04-29T13:22:04Z")

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My brother’s mental health has been deteriorating for over a year, and he is now becoming paranoid. He lives alone after kicking out his girlfriend and kids. Despite numerous attempts by mental health professionals and t…

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## [How do NR discharge requests work, in particular the 72-hour period?](https://forum.mentalhealthlaw.co.uk/t/how-do-nr-discharge-requests-work-in-particular-the-72-hour-period/3496)

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**Author:** [@anonymous59](https://forum.mentalhealthlaw.co.uk/u/anonymous59)\
**Replies:** 1\
**Last updated:** [26 March 2025 21:40 UTC](https://forum.mentalhealthlaw.co.uk/t/how-do-nr-discharge-requests-work-in-particular-the-72-hour-period/3496 "2025-03-26T21:40:52Z")

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I am trying to understand this: NR relative can give an order / request for the discharge of patient to the hospital managers no less than 3 days - but if this notice has been given within 3 days; then the RC can ‘furni…

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## [RC never informed nearest relative of barring report](https://forum.mentalhealthlaw.co.uk/t/rc-never-informed-nearest-relative-of-barring-report/3488)

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**Author:** [@osands](https://forum.mentalhealthlaw.co.uk/u/osands)\
**Replies:** 3\
**Last updated:** [26 March 2025 18:24 UTC](https://forum.mentalhealthlaw.co.uk/t/rc-never-informed-nearest-relative-of-barring-report/3488 "2025-03-26T18:24:38Z")

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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 ne…

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## [NR wants to delegate her role but there is no-one to delegate it to](https://forum.mentalhealthlaw.co.uk/t/nr-wants-to-delegate-her-role-but-there-is-no-one-to-delegate-it-to/3333)

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**Author:** [@Joanna](https://forum.mentalhealthlaw.co.uk/u/Joanna)\
**Replies:** 4\
**Last updated:** [25 February 2025 09:13 UTC](https://forum.mentalhealthlaw.co.uk/t/nr-wants-to-delegate-her-role-but-there-is-no-one-to-delegate-it-to/3333 "2025-02-25T09:13:35Z")

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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 …

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## [NR discharge letter given to ward manager](https://forum.mentalhealthlaw.co.uk/t/nr-discharge-letter-given-to-ward-manager/3033)

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**Author:** [@NickyGatland](https://forum.mentalhealthlaw.co.uk/u/NickyGatland)\
**Replies:** 11\
**Last updated:** [16 December 2024 23:48 UTC](https://forum.mentalhealthlaw.co.uk/t/nr-discharge-letter-given-to-ward-manager/3033 "2024-12-16T23:48:55Z")

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Hi All, Hoping for some clarification and advice. I represent a client who is subject to S3. NR provided a typed letter to the ward manager on Friday evening at about 4pm and told the Ward Manager it was a letter exer…

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## [NR request to discharge s2, and consequences of barring order](https://forum.mentalhealthlaw.co.uk/t/nr-request-to-discharge-s2-and-consequences-of-barring-order/2999)

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**Author:** [@Gemma1819](https://forum.mentalhealthlaw.co.uk/u/Gemma1819)\
**Replies:** 6\
**Last updated:** [30 November 2024 11:27 UTC](https://forum.mentalhealthlaw.co.uk/t/nr-request-to-discharge-s2-and-consequences-of-barring-order/2999 "2024-11-30T11:27:34Z")

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Thank you both for the information i appreciate you taking the time to reply.That definitely doesn’t sound a option then i just feel very strongly its not in my sons best interests being admitted. Me applying to discharg…

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## [Nearest Relative incorrectly identified - Information not shared](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-incorrectly-identified-information-not-shared/2974)

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**Author:** [@SR2024](https://forum.mentalhealthlaw.co.uk/u/SR2024)\
**Replies:** 8\
**Last updated:** [25 November 2024 13:35 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-incorrectly-identified-information-not-shared/2974 "2024-11-25T13:35:49Z")

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I’m hoping someone can help with a question about misidentification of Nearest Relative. Patient was detained and provided details of partner, who had made 999 call resulting in her detention. She commented on possible …

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## [Completion of M2 - Barring Order](https://forum.mentalhealthlaw.co.uk/t/completion-of-m2-barring-order/2768)

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**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\
**Replies:** 4\
**Last updated:** [27 September 2024 14:28 UTC](https://forum.mentalhealthlaw.co.uk/t/completion-of-m2-barring-order/2768 "2024-09-27T14:28:04Z")

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Has anyone had a situation where a nearest relative applied for discharge and this was barred by the RC. A managers hearing was arranged and they found the M2 to not have enough evidence on it to justify the dangerousn…

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## [Section 3 Next of Kin](https://forum.mentalhealthlaw.co.uk/t/section-3-next-of-kin/2592)

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**Author:** [@Emer](https://forum.mentalhealthlaw.co.uk/u/Emer)\
**Replies:** 4\
**Last updated:** [20 July 2024 10:17 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-next-of-kin/2592 "2024-07-20T10:17:26Z")

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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 staf…

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## [Right for translator for Nearest Relative at Tribunal ](https://forum.mentalhealthlaw.co.uk/t/right-for-translator-for-nearest-relative-at-tribunal/2413)

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**Author:** [@JBurgess](https://forum.mentalhealthlaw.co.uk/u/JBurgess)\
**Replies:** 3\
**Last updated:** [30 May 2024 08:15 UTC](https://forum.mentalhealthlaw.co.uk/t/right-for-translator-for-nearest-relative-at-tribunal/2413 "2024-05-30T08:15:28Z")

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Hello All, Hoping someone can please help me with an issue. The client has asked the Nearest Relative to attend the Tribunal as they support discharge however the NR does not speak English. The Tribunal have refused to …

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## [Unsure of identification of nearest relative (five-year residence, step parent)](https://forum.mentalhealthlaw.co.uk/t/unsure-of-identification-of-nearest-relative-five-year-residence-step-parent/2470)

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**Author:** [@hgnkj](https://forum.mentalhealthlaw.co.uk/u/hgnkj)\
**Replies:** 6\
**Last updated:** [28 May 2024 15:44 UTC](https://forum.mentalhealthlaw.co.uk/t/unsure-of-identification-of-nearest-relative-five-year-residence-step-parent/2470 "2024-05-28T15:44:54Z")

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Hi all, Having some issues identifying nearest relative. Reading older posts I believe our initial take is correct, but was hoping to clarify. Pt only has a step mother and a long-term friend/partner who they have been …

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## [Can NR object to CTO?](https://forum.mentalhealthlaw.co.uk/t/can-nr-object-to-cto/2420)

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**Author:** [@Christine1](https://forum.mentalhealthlaw.co.uk/u/Christine1)\
**Replies:** 1\
**Last updated:** [3 May 2024 21:04 UTC](https://forum.mentalhealthlaw.co.uk/t/can-nr-object-to-cto/2420 "2024-05-03T21:04:54Z")

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Nearest relative, child offering care but lives in another city Can nearest relative, object to a CTO

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## [Nearest Relative right to apply to a Tribunal](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-right-to-apply-to-a-tribunal/2408)

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**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\
**Replies:** 4\
**Last updated:** [1 May 2024 06:51 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-right-to-apply-to-a-tribunal/2408 "2024-05-01T06:51:35Z")

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Hi Does the NR only have the right to apply to a Tribunal in the following cases: Section 3, 17a, but only where they have applied to the hospital managers for the patients discharge and the RC has barred this using M2…

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## [Can a nearest relative object to a CTO?](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297)

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**Author:** [@Neale10](https://forum.mentalhealthlaw.co.uk/u/Neale10)\
**Replies:** 6\
**Last updated:** [19 March 2024 20:57 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297 "2024-03-19T20:57:58Z")

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Hi! Can a nearest relative object a CTO please?

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## [Contact Nearest Relative if that contact would put NR at risk](https://forum.mentalhealthlaw.co.uk/t/contact-nearest-relative-if-that-contact-would-put-nr-at-risk/2281)

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**Author:** [@Tony2457](https://forum.mentalhealthlaw.co.uk/u/Tony2457)\
**Replies:** 5\
**Last updated:** [13 March 2024 23:47 UTC](https://forum.mentalhealthlaw.co.uk/t/contact-nearest-relative-if-that-contact-would-put-nr-at-risk/2281 "2024-03-13T23:47:13Z")

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Does anyone know of case law that defines my questions or know of good practice instances . Thankyou in advance . Must an AMHP contact the Nearest Relative of a person who is on leave from hospital (not detained under M…

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## [Nearest Relative and wives](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-and-wives/2265)

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**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\
**Replies:** 2\
**Last updated:** [12 March 2024 08:50 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-and-wives/2265 "2024-03-12T08:50:36Z")

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Hi So just read something in the NR handbook by David Hewitt that if a patient is party to polygamous marriage the oldest of his or her spouse will be the NR - what??? Can someone please make this make sense. Also if a…

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## [Habeas corpus following NR discharge requests](https://forum.mentalhealthlaw.co.uk/t/habeas-corpus-following-nr-discharge-requests/2276)

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**Author:** [@Heidi83](https://forum.mentalhealthlaw.co.uk/u/Heidi83)\
**Replies:** 2\
**Last updated:** [8 March 2024 17:30 UTC](https://forum.mentalhealthlaw.co.uk/t/habeas-corpus-following-nr-discharge-requests/2276 "2024-03-08T17:30:22Z")

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Hi all, I’m hoping you may be able to advise. Back in February an NR discharge was issued on 8th, following conversations with the NR and MDT it was agreed that it would be re-issued on 12th Feb, which was then barred o…

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## [Nearest relative identification query](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-identification-query/2173)

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**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\
**Replies:** 3\
**Last updated:** [25 January 2024 15:41 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-identification-query/2173 "2024-01-25T15:41:02Z")

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Hi Patient under s3 - AMHP identified and consulted maternal aunt as NR as they had reason to believe mother (only other living relative) was living in South Africa at the time the application was made. Mother came back…

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