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Nearest relative
Explains the rights and responsibilities of your nearest relative if you're sectioned under the Mental Health Act 1983.
Nearest relative overview
Under some sections of the Mental Health Act 1983, someone related to you will become your ‘nearest relative’.
The Mental Health Act sets out who will be your nearest relative and automatically selects them. This role gives them certain rights and responsibilities while you're under section or detained.
If you or someone you care for is sectioned, this page offers an introduction to nearest relatives, the law and your rights.
Key facts about the nearest relative
Our list of key facts can help you understand more about nearest relatives and the law:
- Under the Mental Health Act, a member of your family called the ‘nearest relative’ has certain rights and responsibilities. They'll take on this role if you're under any of the following types of sections:
- Section 2 – being detained for assessment.
- Section 3 – being detained for treatment in hospital.
- Section 4 – being admitted to hospital right away in an emergency.
- Section 7 – being placed under a guardianship in the community.
- Section 37 – an order made after a court finds you guilty or convicts you.
- Community treatment order (CTO) – being discharged from hospital and living in the community. Also known as section 17A.
- In the Mental Health Act, an ordered list determines who your nearest relative will be. The list is in a fixed order from highest to lowest priority. The person highest on the list will be your nearest relative. To find out more, see our information on who your nearest relative will be.
- Your nearest relative is not the same as your next of kin. It might end up being the same person according to the ordered list in the Mental Health Act. But it's not the same in a legal sense.
- In certain situations, your nearest relative can opt out of their role. Or you change them to someone else. To find out more, see our page on changing your nearest relative.
- You have the right to ask for certain things about you to be withheld from your nearest relative. You could make this request this to someone like the hospital managers. To find out more, see our page on sharing your information.
Mental Health Act 1983 (MHA)
The MHA is a law that applies to England and Wales. It allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met.
See our pages on the Mental Health Act for more information.
Visit our full listing of Legal TermsCommunity treatment order (CTO)
If you've been sectioned and treated in hospital, your responsible clinician can put you on a CTO.
This means that they can discharge you from the section and you can leave hospital. But you might have to meet certain conditions. For example:
- Living in a certain place
- Going somewhere for medical treatment
Sometimes you could be made to go back to hospital. For example:
- If you don't follow the conditions
- If you become unwell again
See our pages on CTOs for more information.
Visit our full listing of Legal TermsGuardianship
This is where someone called a 'guardian' is appointed instead of you being sectioned and kept in hospital. Your guardian could be a person or a local authority.
You can only be placed under guardianship if it's necessary for your welfare or to protect other people. Your guardian has the power to make certain decisions about you. They can also make conditions that you'll be asked to keep to. For example, where you live.
Guardianship lasts for up to 6 months. It can be renewed: initially for a further 6 months, and then for a year at a time. You can appeal to the Mental Health Tribunal once in each of these periods.
Visit our full listing of Legal TermsDetained
A person is detained if they're being kept in hospital under section and are not free to leave.
Visit our full listing of Legal TermsHospital managers (also known as Mental Health Act managers)
Hospital managers are an independent team of people in a hospital. They make sure that the requirements of the Mental Health Act are properly applied. They have certain important responsibilities. And they can make decisions related to your detention.
In practice, most of the day-to-day decisions are taken by individuals authorised by the hospital managers to do so. This can include hospital staff. Decisions about discharge are normally delegated to a team of people who are independent of the hospital. You can apply to them to be discharged from your section and they will decide whether or not to discharge you.
Visit our full listing of Legal TermsNearest relative
The nearest relative is a family member. They have certain responsibilities and powers if you are detained in hospital under the Mental Health Act. These include the right to information and to discharge in some situations.
The law sets out a list to decide who will be your nearest relative. This can sometimes be changed.
See our pages on the nearest relative for more information.
Visit our full listing of Legal TermsSection
Being 'sectioned' means that you're kept in hospital under the Mental Health Act. There are different types of sections. Each have different rules to keep you in hospital. The length of time that you can be kept in hospital depends on which section you're detained under.
See our pages on sectioning for more information.
Visit our full listing of Legal TermsPublished: March 2026
Next review planned: March 2029
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