Dementia Support Line
The key roles in the Mental Health Act
When someone is detained under the Act, both they and their ‘nearest relative’ must be told about their rights. They must also be told what is happening and how this relates to the Act.
- The Mental Health Act 1983
- Sections of the Mental Health Act for people with dementia
- You are here: The key roles in the Mental Health Act
- Safeguards and challenges to a detention under the Act
- Guardianship
- Lasting powers of attorney and deputies
- Deprivation of Liberty Safeguards and the Mental Capacity Act 2005
- The law in Northern Ireland
- The Mental Health Act 1983 – useful organisations
The Mental Health Act 1983 and guardianship
What does 'nearest relative' mean?
‘Nearest relative’ has a very specific meaning in the Mental Health Act. It is different from ‘next of kin’. It is generally the person who comes first in the following list:
- husband, wife or civil partner (or unmarried partner who has lived with the person for at least the past six months before admission)
- adult son or daughter
- father or mother
- brother or sister
- grandparent
- adult grandchild
- uncle or aunt
- adult nephew or niece
- someone (not a relative) the person has lived with for at least the past five years before admission.
It is the approved mental health professional’s (AMHP’s) responsibility to work out who the person’s nearest relative is.
The Act does mention specific circumstances where the nearest relative can be changed or someone specific appointed. A legal adviser can explain about this if needed.
The Mental Health Act gives significant powers to the nearest relative. They can:
- apply for the person to be detained under the Act or be placed under a guardianship
- be consulted and/or given information about the person if they are detained
- block the person from being detained under section 3, or placed under a guardianship
- discharge the person if they are detained and apply to the Mental Health Tribunal if that is refused
- ask for an independent advocate to support the person.
Independent mental health advocate (IMHA)
A person who is detained in hospital under the Mental Health Act or is subject to a guardianship order has the right to access an Independent Mental Health Advocate (IMHA). This service is free.
The IMHA, who is independent from the hospital, will help a person to understand and use their rights. They will also support the person to say what they want or speak on their behalf at meetings.
Approved mental health professional (AMHP)
The AMHP is the professional who is responsible for deciding whether a person is detained under the Mental Health Act. They might be a social worker, mental health nurse, occupational therapist or psychologist. The AMPH will have special training to carry out the role.
Responsible clinician
The ‘responsible clinician’ is the medical professional (usually a doctor) who has overall responsibility for the person’s care while they are detained.
