Uncovering the ‘hidden information’ that Nearest Relatives need

My hope is that we will develop and deliver content that will help the broad community of Nearest Relatives be more confident in how they act to help care for their loved ones.” (Nearest Relative)

On a strangely cold day in May, Nearest Relatives, social workers, advisors and researchers gathered in an old house on the University of  Bristol campus. We were there for a planning workshop, to identify the information and support anyone might need if they suddenly become a Nearest Relative.

If a member of your family is detained in hospital by the state because of a mental health crisis, you might find out that you are their Nearest Relative. A Nearest Relative is the legally closest relation who is identified by a social worker under the Mental Health Act 1983. As a Nearest Relative, you are the person who has the legal responsibility to speak up for your relative’s  rights.

The chances are, if that happens, you might not know anything about the role or how to carry it out.

One Nearest Relative at the workshop emphasised the problem of ‘hidden information’ – often what you need to know to be a Nearest Relative is difficult to find, buried in lots of other information and inaccessible. It can simply be too difficult to find out about your rights and how to exercise them.

We also heard from experience that being a Nearest Relative is ‘a very difficult task.’ ‘It takes its toll, takes its toll before you even realise what its taken away.’

Information, advice and support from people who can make sense of the role is vital. Social workers recognised that the ‘quality of information we provide is not great’ and that it is given at a time of acute stress and distress.

Nearest Relatives said they need information that ‘tells you, practically, how to do the role.’ And that makes it possible for you to get the help you need to carry on. Social workers said they want to be able to provide up to date information with clear explanations that is easy to understand.

So, we spent the day identifying what that information is, prioritising what people most need to know, and figuring out how best to share it. We identified that Nearest Relatives need information about:

  • What it means to be a Nearest Relative and the rights you have
  • How to exercise those rights practically
  • How to get support and look after yourself.

We explored the need for a range of materials in different formats and the importance of sharing advice and experience from Nearest Relatives themselves.

One of the social workers, highlighted that she would like the resource to explain plainly, in the person’s first language, what it means to be the Nearest Relative within the meaning of the Mental Health Act. There is a need for emotional support and guidance, however she also emphasised strongly that a resource that clearly sets out the role and demystifies the law is urgently needed and would be empowering. “It is important for nearest relatives to be given guidance on what the law is actually saying, and they need to be empowered to challenge Approved Mental Health Professionals and Doctors, and set an expectation of having their rights clearly explained to them in a way that they can understand. It is not acceptable to disempower people using legal jargon.”

After the day, one Nearest Relative said that the discussion gave me a much more rounded and informed understanding of how to use my rights as Nearest Relative. There was a gap between the statement of rights and responsibilities that was available to me as a Nearest Relative, and what I needed to know to act effectively. Together we made great progress in capturing the experience of all of the participants and establishing the information that is important to share.”

Judy Laing, who is leading on the project, reflected that “The discussions we had were incredibly useful and powerful, and we learnt a lot about the experiences of Nearest Relatives and what type of information and support is helpful and necessary. I am excited to be collaborating with such a committed group of people to bring together this much needed resource for Nearest Relatives”.

At the end of our day together – a day full of honesty, frustration and hope – we left with pages of ideas and the determination to put together that trusted place for advice and support. Over the coming months, we will be co-developing a website for Nearest Relatives as a ‘go to’ place where they can find out what they need.

A place where information is no longer hidden.  

To find out more click here

“It’s hard to take things in”: Why we are improving information for Nearest Relatives about their role in the Mental Health Act

If your relative is in hospital under an order under the Mental Health Act, you may find yourself in the legal position of being their Nearest Relative. This isn’t the same as being next of kin. The role is set out in the Mental Health Act and it gives you specific rights and responsibilities.

The Nearest Relative is a vital safeguard for people who are affected by the Mental Health Act. However, our project shows how difficult it can be to step into that role.

We interviewed Nearest Relatives and held a Knowledge Exchange event to find out their experiences. Generally, people found it hard going. They were worried about their relative and felt conflicted about how to support them whilst ensuring  they had the treatment they needed. Nearest Relatives said they didn’t have enough information or knowledge to fulfil the role and felt unsupported. Sometimes if felt overwhelming.

Image from the Mental Health Foundation Image Library

Nearest Relatives – parents, siblings, children or other relatives of patients – said that they needed more recognition, better information and more support. We created a policy briefing setting out the main areas for improvement:

  • Make it easier for people to find out who the Nearest Relative is;
  • Clarify the role and rights of Nearest Relatives;
  • Provide ongoing, clear and timely information;
  • Recognise and involve Nearest Relatives in care and support planning;
  • Provide resources and services to enable Nearest Relatives to ask questions, obtain legal advice and receive emotional support.

We are now starting to develop information and guidance to act on these recommendations. Our project is working with Nearest Relatives, Approved Mental Health Professionals, voluntary organisations including Mind and Rethink and advisors to co-develop resources that will help Nearest Relatives to undertake this role.

We will be holding a Workshop in May at the University of Bristol to identify the messages that Nearest Relatives need and how we can get this information to them at the right time.

One Nearest Relative told us: “ you can feel very alone.” We want to make sure that everybody feels they have the support they need to undertake this vital role.