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.