Merrill v County of Herefordshire District Council [1999] (Unreported) (CA)

Mental health – nearest relative – powers of displaced relative

A displaced relative could not, under s66 MHA 1983, make an application to a Mental Health Review Tribunal for the discharge of the patient. That power could only be exercised by the local authority as the replacement nearest relative specified in the s29 order. However, under s30 MHA 1983, a displaced nearest relative may apply to the court to have a s29 order varied or discharged. If successful, it would then be open to him or her to make a s66 application.

Leave a Reply

Your email address will not be published.