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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.
Useful contacts for support with nearest relatives
How to find an advocate
To find advocacy services and groups in your area, you could call Mind's Legal Line on 0300 466 6463 or contact your local Mind.
If you're in hospital:
- In England – contact the Patient Advice Liaison Service (PALS)
- In Wales – contact Llais
If you've been sectioned, you have a right to access an independent mental health advocate (IMHA). You can ask the ward staff to arrange you a meeting with them.
To find out more, see our information on advocacy.
Useful contacts – the nearest relative and your rights
This list offers contact details for organisations and services that can offer legal information, support and advice.
Some of these contacts can offer you information and support if:
- Someone has been assigned as your nearest relative
- You're acting as a nearest relative
The Advocacy People
theadvocacypeople.org.uk
Charity providing advocacy services, including IMHA services.
Civil Legal Advice (CLA)
gov.uk/civil-legal-advice
Can tell you if you're eligible for legal aid, and give you free and confidential legal advice if so.
Law Centres Network
lawcentres.org.uk
Information about Law Centres, which defend the legal rights of people who can't afford a lawyer. Includes a searchable directory.
Law Society
lawsociety.org.uk
Professional association for solicitors in England and Wales. Includes a searchable directory of solicitors.
Legal aid checker
gov.uk/check-legal-aid
Tells you whether you're entitled to free legal aid to help pay for legal advice.
Mental Health Lawyers Association
mhla.co.uk
Professional association for solicitors specialising in mental health law. Includes a list of solicitors by local area.
Resources for Nearest Relatives
nearestrelativeresources.bristol.ac.uk
Information and practical guidance for anyone acting as the nearest relative.
Independent 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 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 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 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 TermsPublished: March 2026
Next review planned: March 2029
References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.
