Explains what a nearest relative is, including what powers and rights they have and how you can change your nearest relative.
Can my nearest relative ask an independent advocate to see me?
You don't have to see an IMHA if you don't want to.
For more information see our pages on advocacy.
The nearest relative is a family member who has 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 Terms
Mental Health Act 1983 (MHA)
This is a law that applies to England and Wales which 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 Terms
Independent mental health advocate (IMHA)
- 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.Visit our full listing of Legal Terms
This information was published in November 2020. We will revise it in 2023.
References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.