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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.
Sharing your information with your nearest relative
When someone becomes your nearest relative, they'll gain certain rights to support you while you're under section. This might include getting information about your section, detention or discharge from hospital.
You might feel confused or upset about what your nearest relative has the right to know. You're not alone, and our information is here to help you.
What information might be shared with my nearest relative?
If you're sectioned under the Mental Health Act 1983, your nearest relative has the right to know certain things about you and your mental health.
Health professionals and local authorities can share some of your personal information.
They can tell your nearest relative:
- If an approved mental health professional (AMHP) is applying to section you under section 2 or 3
- Which section you're being detained under and the main reason why
- Your rights under this section
- If you're being put on a community treatment order (CTO) or placed under guardianship
- The rights you'll have on the CTO or under guardianship
- If you're having a section 3, CTO or guardianship renewed or changed
- If you're being discharged from a section 3 or guardianship
What information might be kept from my nearest relative?
If you're being sectioned, your nearest relative will usually be told as soon as possible. But health professionals and local authorities might not tell your nearest relative if:
- It would take a long time to locate your nearest relative
- They're unwell
- Telling them could harm your health or safety
- It's not ‘practicable’ or possible to find out who your nearest relative is
While you're under section, your nearest relative does not have an automatic right to know about your:
- Medical reports
- Clinical information
- Confidential patient information
- Detention reasons in full detail
Your nearest relative can get more detailed information if you agree to this. Or they might get more detail if it's appropriate and safe to do so. As long as it doesn't put your health, safety or privacy at risk.
Can I stop my nearest relative from getting information about me?
If you're going to be sectioned, detained or leave hospital, you can ask the hospital not to tell your nearest relative about certain things. For example, your treatment and care in hospital.
You have a right to make this request. Even if you haven't tried to replace your nearest relative.
The Code of Practice says that you must have ‘very good reasons’ for asking professionals to not share general information. Your reasons might include safeguarding risks like harm, coercion or abuse. Not liking your nearest relative or wanting privacy are not usually good enough reasons.
It's important to tell your care team if you don't want them to share information about you with your nearest relative.
However, you do not need a reason to stop your nearest relative being informed about your discharge. Your request alone is enough for the hospital managers to not tell your nearest relative. You don't have to explain your reasons and the hospital should respect your wishes.
Example: Ty's nearest relative
Ty's nearest relative is his older sister. He's always had a difficult relationship with her because she's been critical and controlling in the past. Ty feels worried that contact with her will make him anxious or unsafe.
Ty has been staying in hospital under section 2. He's going home in a few days to live in the flat he shares with his boyfriend.
The hospital managers normally have a duty to tell Ty's sister, as nearest relative, that he's going to be discharged. But Ty tells the hospital managers that he does not want his sister to know about his discharge.
His request alone is enough to stop the hospital managers from telling her. They should not need to look into his reasons any further. They should respect his wishes to not share information about his discharge with his sister.
If you're acting as nearest relative, get practical guidance on the Resources for Nearest Relatives website.
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 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 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
Mental 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 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 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 TermsPublished: March 2026
Next review planned: March 2029
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