Experiences of Nearest Relatives: implications for mental health practitioners & law reform

he presentation focuses specifically on the experiences of twenty relatives living in England who have fulfilled the role of Nearest Relative (NR) within the meaning of Section 26 of the Mental Health Act (MHA) 1983 (as amended 2007). The NR role is unique to the MHA of England and Wales and the Mental Health (Northern Ireland) Order 1986 (MH(NI)O) of Northern Ireland. In these jurisdictions the NR is afforded additional rights and powers to intervene where their relative interacts, to a degree, with the mental health system. This research highlights a number of tensions related to the NR role. The emerging themes suggest that Nearest Relatives are at best unclear, and at worst unaware of their rights and powers. There were also mixed opinions about the responsibilities they held as NR, communication with services was challenging and emotional distress was experienced as they felt their lives had been invaded. As the NR role is likely to be replaced by the Nominated Person within future legislative reforms, understanding the success and failings of current policy in this area is vital. Further consideration needs to be given to the perception that the NR role, as a safeguard, may be ‘illusionary’ in any event (Laing & Dixon et al 2018) where the ‘privileges’ of the NR are only given at the discretion of professionals (Hewitt, 2007 pg 9).