“The uncooperative nearest relative and admission under sections 2 and 3 of the Mental Health Act 1983”

Abstract

Compulsory admission of patients to hospital for assessment and for treatment is governed by sections 2 and 3, respectively, of the Mental Health Act 1983. The nearest relative of a patient plays an important role in the admission of a patient under those two sections. The term, ‘uncooperative nearest relative’, is used to describe the nearest relative who objects unreasonably to the making of an application for treatment under section 3 of the Act. The uncooperative nearest relative and admission under sections 2 and 3 is a topic that has been treated in the literature but not to the same extent as this article does. This article aims to contribute to the literature by looking at not only the nearest relative and sections 2 and 3 of the Act generally but also at two problems concerning the uncooperative nearest relative that have been lurking in the background over the years and then proposing solutions for them.