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