Experiences of Relatives Acting as the ‘Nearest Relative’ Under the Mental Health Act (England & Wales, UK)

Relatives play a key role when a person is detained under the mental health legislation in England and Wales. Despite this importance, their experiences of undertaking this role has been relatively ignored by research. The Nearest Relative function attracts powers and rights which can influence the decision-making process that mental health services follow when deciding to make a detention decision, or looking for community options. Emerging findings from an explorative qualitative study of 20 nearest relative participants suggests that the distressing impact detaining their relative has on their own mental wellbeing is under-estimated, and there is little or no support offered. Furthermore, this study suggests that nearest relatives do not appear to be aware of or understand the rights and powers which the statute empowers them with. This study considers how the timing of when they are informed of these rights and powers matters; and highlights inconsistencies in the means by which nearest relatives are informed. At a time of legislative review in England and Wales the study illuminates where possible amendments would be welcomed by relatives and carers