Update ‘nearest relative’ criteria under Mental Health Act to increase patient choice

The system in place under the Mental Health Act that places decision-making powers in the hands of the nearest relatives for people who are sectioned needs to be extended to others to improve patient choice, according to new research. The study, from academics at the universities of Bath, Bristol and the University of the West of England published in the journal Health & Social Care in the Community , identifies challenges to the existing system and makes recommendations for policy-makers and practitioners. Under the Mental Health Act 1983 people detained with mental health problems can be given compulsory treatment in hospital. The current system assigns a 'nearest relative' - decided via hierarchical list of relatives - as the person who can act on behalf of a patient. However, this system is often problematic for a variety of reasons. The study follows a recent Independent Review, which found that the nearest relative role limited choice for patients about who should be consulted about their care. Following the Review team's report, the Government pledged to replace the Nearest Relative role with a new Nominated Person role, which would give people with mental health problems greater choice about who should represent them.