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The Mental Health Act: Nearest Relatives request for assessment

13 minutes ago
2 min read

The Local Government & Social Care Ombudsman has recently found a local authority at fault for not meeting its duties under the Mental Health Act in relation to requests for assessments from Nearest Relatives (as defined in the Act). The Ombudsman stated: ‘The Council failed to properly consider Mrs B’s request for an assessment of her husband under the Mental Health Act 1983 and its communications with Mrs B were poor. This fault has caused distress to Mrs B and her husband. The Council has agreed to apologise to Mrs B and her husband and to pay them a small financial remedy.’


‘The Code of Practice says the following about the AMHP’s duties if a request for an assessment is made by a nearest relative:


Section 13 of the Act places a duty on councils to arrange for an AMHP to consider the care of any patient who is within their areas if they have reason to believe that an application for detention in hospital may need to be made in respect of the patient. Local authorities must make such arrangements if asked to do so by the nearest relative.’


‘The Council made this decision without making any enquiries about Mr B or his history. The Council also did not ask Mrs B what her reasons were for making the request. Mrs B had made the request as she hoped that, even if detention was not the decision, the AMHP would have put in place urgent alternative mental health support in the community as it was the AMHP’s duty to consider the less restrictive option for Mr B.’ 



Edge Training delivers a wide range of courses on the Mental Health for health and social care staff. In addition, we offer free training for families and carers on the Act. Details from: https://www.edgetraining.org.uk/


Download free MHA resources: https://www.edgetraining.org.uk/resources


Books and wallcharts on the MHA, MCA and DoLS: https://www.bookswise.org.uk/

 
 
 

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