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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.
How to change your nearest relative
Under certain sections, someone related to you automatically becomes your nearest relative. In some situations, you can apply to change them to another person.
You might feel confused or upset about who your nearest relative is. But there are ways to change them and get support from someone else. You're not alone, and our information is here to help you.
Can my nearest relative opt out?
The Mental Health Act 1983 automatically selects your nearest relative. But if they need to opt out, they can pass on their role to the next eligible person on the ordered list.
They might feel unable to take on the rights and responsibilities required. For example, if they:
- Live so far away that it prevents them from performing their statutory duties
- Have a chronic health problem that prevents them from exercising their rights
To opt out of the role, the nearest relative can write to your hospital or care team to say who they're choosing instead. The person they choose must agree to this.
Your original nearest relative can take back their role at any time, by writing to the hospital or care team again.
If you're a nearest relative looking to opt out, find further guidance on the Resources for Nearest Relatives website.
Can I change my nearest relative?
You might be able to change your nearest relative by applying to your local county court. The process of changing your nearest relative is called displacement.
If you're detained under the Mental Health Act and you also lack capacity, you'll need a litigation friend to help you apply for displacement. Either way, it's important to get specialist legal advice. The process can be quite complicated and expensive.
There are some key points to consider before applying for displacement:
- You can suggest 1 or more people who might be suitable replacements. You'll need to think about the order of the list in the Mental Health Act. If not, an approved mental health professional (AMHP) or someone from local social services could be your nearest relative.
- The length of displacement will depend on the reason why you applied. A ‘court order’ sets out the timeframe for displacement. Sometimes it ends automatically when you're discharged from your section. In other cases, the court order might set out a specific period. For example, if your dad should be your nearest relative, but you applied to change it to your sister for 6 months while he recovers from an operation.
- If your case is unsuccessful, you might have to pay the other parties' costs. Before applying to change your nearest relative, it's important to speak to your AMHP and also seek legal advice.
To find specialist legal advice for your situation, visit our page of useful contacts.
Acceptable reasons to change your nearest relative
These reasons are set out in section 29 of the Mental Health Act. You can apply to change your nearest relative for 1 or more of these reasons:
- They cannot act because of their own health, mental capacity or availability.
- They have unreasonably objected to you being put under section 3 or guardianship.
- They tried to discharge you without considering all of the circumstances. For example, your welfare or public safety.
- They're otherwise unsuitable to act. This is the most commonly used reason for displacement.
Sometimes, your nearest relative cannot be identified within enough time, or identified at all. In this situation, the court can appoint someone like an AMHP to take on the role through displacement.
How do I change my nearest relative?
You have to go through a formal legal process to change your nearest relative. You'll need to get help from a specialist solicitor. The application can be complicated and time-consuming, and sometimes expensive.
You'll usually follow this process with your solicitor:
To change your nearest relative, you need to apply to the county court in the area where you live. To find your nearest county court, search by postcode on the gov.uk website.
If you're changing an existing court order, you need to apply to the same court that issued it. This might be a different court from where you live now.
To change your nearest relative, fill in the N208 claim form to apply to your county court.
If you make the application, the form will label you as the ‘claimant’ and your nearest relative as the ‘defendant’. The form asks for basic information, such as:
- Who your current nearest relative is
- Who you want to replace them with
- The laws and reasons which allow you to apply
You can find the N208 form on the gov.uk website.
You also need to supply separate written evidence to support your case. The ‘Part 8 Civil Procedure Rules’ explain the information you need to give. They're very strict and specific. It's important to get legal advice to make sure you follow these rules correctly.
Depending on the reasons why you're applying, your written evidence might include reports or statements from:
- Family members
- Medical practitioners
- A probation officer
- An AMHP
You need to pay the county court a fee when you apply to change your nearest relative. The court will let you know how much this costs, but you might get a discount depending on your income.
There could also be other costs at later stages. You might have to pay multiple fees, including a hearing fee. These court fees are in addition to legal costs, such as paying for a solicitor. Legal costs can also vary widely, depending on the complexity of the case.
For more information about court fees, visit the gov.uk website.
How can I get legal aid and financial support?
You can get legal aid by contacting a solicitor who specialises in mental health law. Sometimes they offer discounts for legal costs. If financial support is unavailable, some legal aid services might cost a lot of money. However, some charities might offer advocacy or advice services for free.
To find legal aid, go to our page of useful contacts for support with the nearest relative.
Depending on your situation, you might be able to get another type of help with legal costs. Some home or car insurance policies have ‘legal expenses cover’ which might pay for your case – check your policy to see if it does. We have information pages on insurance and mental health.
What is advocacy?
If you'd like to find out more, we have an information section on advocacy in mental health.
Go to advocacy pagesWhat happens after applying to change my nearest relative?
After you've applied to change your nearest relative, you won't get a response about a hearing or decision right away. It'll take some time before your application goes through.
Generally, the next steps should happen in this order:
- Your nearest relative is usually informed. They normally find out that an application has been made to displace them. However, in some cases they'll find out after the hearing. It depends on the reason why you applied.
- Your nearest relative can challenge the application. If they disagree, they can challenge it and submit their own evidence. If your nearest relative can't act because of a mental disorder, they might have a litigation friend to act on their behalf.
- Your hearing takes place. The circuit judge needs all the information to decide whether to order what you've applied for. Depending on the situation, they might want to speak to you in court or elsewhere, alone or with other people. If you're detained, the hospital should help you attend the hearing.
If you successfully change your nearest relative, you can later change or end the court order. You'll need to apply to the same court that made the decision. You can apply for displacement more than once, but you'll need to pay for every application.
Guardianship
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 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 TermsMental disorder
When the Mental Health Act talks about someone with mental health problems, it often uses the term 'mental disorder'. The Act says that this can include "any disorder or disability of mind".
Mental disorder can include:
- Any mental health problem normally diagnosed in psychiatry
- Certain learning disabilities
Litigation friend
A litigation friend is someone who can take your place in legal proceedings, if you lack capacity to take part yourself. For example, the litigation friend could instruct solicitors on your behalf. Or they could speak to the judge directly on your behalf.
A litigation friend could be a family member, a friend, or the Official Solicitor.
Visit our full listing of Legal TermsCircuit judge
Circuit judges are senior judges in England and Wales. They sit in:
- The Crown Court
- County court
- Certain specialised sub-divisions of the High Court of Justice
Circuit judges sit below High Court judges but above district judges. They will be a barrister or solicitor with at least 7 years of experience.
Visit our full listing of Legal TermsApproved mental health professional (AMHP)
AMHPs are mental health professionals who can carry out duties under the Mental Health Act. They've been approved by a local social services authority. They're responsible for coordinating your assessment and admission to hospital if you're sectioned.
They may be:
- Social workers
- Nurses
- Occupational therapists
- Psychologists
County court
This is a court which deals with civil matters. Not criminal matters.
There are fees for starting a claim in the county court. But if you have a low income, you might be able to pay a reduced amount - or none at all. That's called a ‘fee remission’.
Cases in the county court are in one of 3 tracks:
- Small claims track is where you're asking for is less than £10,000 and your case isn't complicated.
- Fast track is where your case is more complicated but can be finished in a 1-day hearing
- Multi-track is where the claim will take longer than a 1-day hearing, or is for a larger sum of money.
Fast track and multi-track cases are costly. And if you don't win your case, you usually have to pay the other person’s legal costs.
Visit our full listing of Legal TermsAdvocate
An advocate is a person who can listen to you and speak for you. Having an advocate can be helpful in situations where you're finding it difficult to make your views known. Or to make people listen to them and take them into account.
See our pages on advocacy for more information.
Visit our full listing of Legal TermsMental 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 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 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 TermsCapacity
'Capacity' means the ability to understand information and make decisions about your life. Sometimes it can also mean the ability to communicate decisions about your life.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsDisplacement
Displacement is where you change your nearest relative. The process of changing the nearest relative is often known as ‘displacement proceedings’.
Your nearest relative can be displaced if you or the local authority have concerns about the way that they're behaving.
See our pages on the nearest relative for more information.
Visit our full listing of Legal TermsPublished: March 2026
Next review planned: March 2029
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