Nearest Relatives of non-UK residents: Guidance of Mental Health Act Commission, March 2006
We recently had cause to seek Departmental guidance on s.26(5)(a) of the Act. This establishes a residency requirement on some Nearest Relatives. In the case of a patient who is normally resident in the UK, Channel Islands or Isle of Man, any person who would be eligible for Nearest Relative status according to the Act’s hierarchical list, but is not resident within these jurisdictions, must be discounted from consideration for the role.
Following our discussions with the Department, we can confirm that similar restrictions do not apply to the identification of Nearest Relatives for non-UK (or Channel Islands or Isle of Man) resident detained patients. The Act therefore recognises people who live outside such jurisdictions as the Nearest Relatives of detained patients where the latter are themselves normally resident outside of the UK, Channel Islands or Isle of Man.
This issue will mostly arise in the case of tourists and newly-arrived immigrants to the UK jurisdiction. If such people are assessed for detention under the Act the ASW will have a duty to inform (s.2) or consult with (s.3, guardianship or supervised discharge) the Nearest Relative who lives abroad (subject to it being practicable to do so, or, in the case of s.3 or s.7 applications, that it would not cause unreasonable delay); and under s.132 hospital managers will have duties to provide information to Nearest Relatives living abroad (where practicable and unless the patient requests otherwise).
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