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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 your nearest relative can support you
Under certain sections, someone related to you automatically becomes your nearest relative. This person will gain rights and responsibilities meant to support you while you're sectioned.
You might feel confused or upset about having a nearest relative while sectioned. You're not alone, and our information is here to help you.
If you're acting in the role of nearest relative, you might also find this page helpful. But for more practical guidance, you can visit the Resources for Nearest Relatives website.
Can my nearest relative apply to section me?
Your nearest relative can apply for you to be assessed or admitted under certain sections of the Mental Health Act 1983. If they apply for this, it doesn't always mean their application will be successful.
If they're concerned about your mental health, they can apply for you to be under any of these sections of the act:
A nearest relative can apply for you to be admitted for detention under section 2. But this is rare. Usually, an approved mental health professional (AMHP) would make this application. Section 2 is used to take you to hospital for assessment.
To apply, your nearest relative would need to do both of the following:
- Fill out a form A1 (England) or form HO1 (Wales).
- Have support from 2 doctors who agree that you should be admitted to hospital for assessment.
Where possible, 1 of these 2 doctors should know you. For example, this could be your GP. At least 1 of the doctors must also be a section 12 approved doctor.
The doctors will also need to complete a specific form and give reasons why you meet the criteria for section 2.
To find out more, visit our information on section 2.
A nearest relative can apply for you to be admitted for detention under section 3. But this is rare. Usually, an AMHP makes the application. Section 3 is used to detain you in hospital for treatment.
To apply, your nearest relative would need to do both of the following:
- Fill out a form A5 (England) or form HO5 (Wales).
- Have support from 2 doctors who agree that you need treatment in hospital.
Where possible, 1 of these 2 doctors should know you. For example, this could be your GP. At least 1 of the doctors must also be a section 12 approved doctor.
The doctors will also need to complete a form and give reasons why you meet the criteria for section 3.
To find out more, visit our information on section 3.
A nearest relative can apply for you to go into hospital under section 4. But this is rare. Usually, an AMHP would make the application. Section 4 is used to admit you to hospital in an emergency, when a second doctor isn't available to complete the steps for a section 2.
You can be detained for up to 72 hours under section 4. After this time, it can either end or change to a section 2.
To apply, your nearest relative would need to do both of the following:
- Fill out a form A9 (England) or form HO9 (Wales).
- Have support from a section 12 approved doctor who agrees that you should be urgently admitted to hospital.
Where possible, this doctor should know you. If they don't know you, they must explain why they couldn't get someone who knows you.
To find out more, visit our information on section 4.
Your nearest relative can apply for you to be placed under guardianship. But this is uncommon. Usually, an AMHP would make this application.
Guardianship is when you need support in the community, but don't need to stay in hospital. It's also known as section 7. If you're under a guardianship, the local authority will most likely be your guardian. If not, you might have a private guardian, but the local authority would need to approve them.
To apply, your nearest relative would need to do both of the following:
- Fill out a form G1 (England) or form GU1 (Wales).
- Get 2 doctors to agree that you meet the criteria for guardianship.
Where possible, 1 of these 2 doctors should know you. For example, this could be your GP. At least 1 of the doctors must also be a section 12 approved doctor.
The doctors also need to complete a specific form and give reasons why you meet the criteria for section 7.
Your nearest relative can request your discharge from a guardianship. They also have ‘rights of appeal’ to the guardianship. This means they can do both of the following:
- Request to review decisions made under guardianship by the local authority. In some cases, they can also apply for a court to review decisions.
- Challenge decisions made by the guardian that they feel are unfair or inappropriate, depending on the situation.
To find out more, visit our information on guardianship.
Can my nearest relative object to me being sectioned?
Your nearest relative can object to you being sectioned under:
- Section 3
- Section 7, also known as guardianship
However, your nearest relative cannot object to you being detained under:
To object to your section, your nearest relative needs to:
- Tell the approved mental health professional (AMHP)
- Give their reasons for objecting, either verbally or in writing
If the AMHP thinks that your nearest relative's objection is unreasonable, the AMHP can ask the court to change the nearest relative. This is a long and complicated process which you might hear called displacement.
To find out more, see our information on changing your nearest relative.
Can my nearest relative get me an advocate?
If you've been detained, your nearest relative has the right to ask for an independent mental health advocate (IMHA) to see you.
An IMHA is an advocate specially trained to support you in hospital. They can help you to:
- Understand your rights under the Mental Health Act
- Listen to what you want from your treatment and care
- Speak on your behalf, if you agree to this
You don't have to see an IMHA if you don't want to. The hospital must arrange for an IMHA to visit if your nearest relative asks for this, but cannot force you to meet them.
The IMHA cannot share confidential information with your nearest relative without your consent.
What is advocacy?
If you'd like to find out more, we have an information section on advocacy in mental health.
Go to advocacy pages
Can my nearest relative discharge me from a section?
Under section 23 of the Mental Health Act, your nearest relative has the right to request your discharge from certain sections.
To discharge you from guardianship, they have to write to the responsible local authority. Your nearest relative can also apply to the county court to challenge decisions made by the guardian. They can do this for any decisions that they feel are unlawful or inappropriate. This is a separate process from their discharge power.
To discharge you from other sections, your nearest relative will need to write to the hospital managers. They can request to discharge you under either 1 of these conditions:
- You're under section 2 or 3
- You're on a community treatment order (CTO)
How does the discharge request work?
As part of their written request, your nearest relative sets a discharge date for the hospital managers to approve. The discharge date they set must be at least 72 hours in advance of when the hospital managers receive the request.
For example, if the hospital managers receive the request on 6 March, the earliest date for your discharge is 9 March.
During these 72 hours, your responsible clinician (RC) has time to decide whether to refuse your discharge. They might do this if they think you'd be likely to act in a way that would be dangerous to yourself or others if you were discharged. Your RC must state this in a written report.
You might hear this called a ‘barring report’. If the RC issues a barring report, your discharge will be blocked.
To find out more, see our information about leaving hospital.
What happens if my discharge is blocked?
If the RC issues a barring report, your nearest relative can't apply for your discharge again for 6 months. However, they can apply to the Mental Health Tribunal to challenge the decision.
There are different rules for applying for discharge, depending on which section you're detained under. It also depends on whether your nearest relative has been displaced.
Section 12 approved doctor
This is a doctor trained and qualified in the use of the Mental Health Act. It's usually a psychiatrist. It's possible for a section 12 approved doctor and a responsible clinician to be the same person if they meet the requirements for each role.
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
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 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 TermsMental Health Act Code of Practice
This tells health professionals how they should follow the Mental Health Act. The Code is not law. So a court cannot enforce it. But health professionals should follow it unless there is a good reason not to.
The Code covers some areas not specifically mentioned in the Mental Health Act. Such as visiting rights and the use of seclusion.
If a health professional doesn’t follow the Code, you can make a complaint.
Visit our full listing of Legal TermsResponsible clinician (RC)
This is the mental health professional in charge of your care and treatment while you're sectioned under the Mental Health Act.
Certain decisions can only be taken by the responsible clinician. For example, applying for someone who is sectioned to go onto a community treatment order (CTO).
All responsible clinicians must be approved clinicians. They don't have to be doctors, but many of them are.
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 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 TermsCounty 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 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 TermsMental Health Tribunal (MHT)
This is a special court that deals with cases relating to the Mental Health Act 1983. The Tribunal decides whether you can be discharged from your section. It can sometimes make recommendations about other matters. Such as hospital leave, transfer to another hospital, guardianship and community treatment orders (CTOs).
The court consists of a panel, which normally includes:
- A chairperson with a legal qualification
- A ‘lay member’ with appropriate experience and qualifications in mental health
- An independent psychiatrist. They will speak to you and examine you before the tribunal hearing in certain circumstances. Or when you request to see them
Where you see a reference to the Mental Health Tribunal in this guide, it means:
- First Tier Tribunal (Mental Health), if you live in England
- Mental Health Review Tribunal for Wales, if you live in Wales
Hospital 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 TermsIndependent mental health advocate (IMHA)
An IMHA is an advocate. They're specially trained to help you find out your rights under the Mental Health Act 1983. And to help you while you're detained. They can listen to what you want and speak for you.
You have a right to an IMHA if you are:
- Detained in hospital under a section of the Mental Health Act, but not if you are under sections 4, 5, 135 and 136
- Under Mental Health Act guardianship, conditional discharge and community treatment orders (CTOs)
- Discussing having certain treatments, such as electroconvulsive therapy (ECT).
In Wales, voluntary patients can also have an IMHA.
See our page on IMHAs in England and Wales 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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