A patient may be detained under section 3 of the Mental Health Act 1983 (HM Government, 1983) only if his nearest relative does not object. Whether an objection has been made will be a question for the approved mental health professional (AMHP) concerned, but their answer will have to be a reasonable one. If the belief of the AMHP is not reasonable, a patient's section 3 admission will be unlawful. That does not mean, however, that the AMHP's conduct will necessarily be negligent, or that the patient will be entitled to damages.
Hewitt, D. (2010), "The approved mental health professional and the nearest relative: detention need not be negligent, even if it is unlawful", The Journal of Adult Protection, Vol. 12 No. 4, pp. 43-45. https://doi.org/10.5042/jap.2010.0643Download as .RIS
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