Not reasonably practicable: are there now greater opportunities for abuse by a nearest relative?

Author:
HEWITT David
Journal article citation:
Journal of Adult Protection, 17(1), 2015, pp.62-70.
Publisher:
Emerald

Purpose: Is to explain a decision of the Court of Appeal about the duty an Approved Mental Health Professional (AMHP) will sometimes have to consult a patient's nearest relative, and to set that decision in the context of an earlier one. Design/methodology/approach: Each decision is examined in detail and one is compared with the other. Reference is made to the Mental Health Act 1983 Code of Practice. Findings: It will be harder for an AMHP to establish that consultation is not reasonably practicable, and it will be correspondingly easier, in some cases, for a nearest relative to obtain information about a patient or achieve proximity to her. Originality/value: This is thought to be the first time the two cases have been considered together or in their true context. (Edited publisher abstract)

Subject terms:
approved mental health professionals, consultation, relatives, mental health law, mental health, safeguarding adults, vulnerable adults;
Content type:
practice example
Location(s):
United Kingdom
Link:
Journal home page
ISSN print:
1466-8203

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