The nearest relative should be informed if the patient is to be discharged. If the nearest relative makes enquiries about legal representation then members of staff should be able to refer the nearest relative to local solicitors whom will be able to undertake this work.
Given that many care homes may be registered to take patients detained under the Act often arising because of senile dementure the role of the nearest relative is obviously important. It should however not be confused with issues of "next of kin" which have no legal status. The Department of Health website contains information on the most recent Local Authority Circular LAC 22 published on the financial assessment for residential accommodation on 6 October The content of this article is intended to provide a general guide to the subject matter.
Specialist advice should be sought about your specific circumstances. All Rights Reserved. Password Passwords are Case Sensitive. Forgot your password? Free, unlimited access to more than half a million articles one-article limit removed from the diverse perspectives of 5, leading law, accountancy and advisory firms.
We need this to enable us to match you with other users from the same organisation. It is also part of the information that we share to our content providers "Contributors" who contribute Content for free for your use. Learn More Accept. To print this article, all you need is to be registered or login on Mondaq. Originally published in December One of the greatest misconceptions in the health sector is to ascribe to the next of kin a legal status. These include the following: There is a statutory requirement on an Approved Social Worker ASW to inform the nearest relative of a patient who it is proposed will be made or has been made the subject of an application for admission under Section 2 that that application is to be or has been made Section 11 3 and the nearest relative must also be informed of his power to apply for discharge of a patient from the Section.
Through attached policy guidance and the revised Charging for Residential Accommodation Guide CRAG ,it: Announces a new savings disregard into the financial assessment for residential accommodation, to come into force on 6 October Announces a disregard of cash in lieu of concessionary coal for temporary residents into the financial assessment for residential accommodation, to come into force on 6 October , and deals with other matters linked to the introduction of Pension Credit.
Announces a disregard of payments under paragraph 3 of Schedule 4 to the Adoption and Children Act into the financial assessment for residential accommodation, to come into force on 6 October , and covers other matters. Andrew Parsons. It is rare for English courts to refuse enforcement of an arbitral award: English law is known for its staunchly pro-arbitration stance, and the Arbitration Act permits non-enforcement Understanding what you need to do when faced with the prospect of litigation is essential for in-house counsel.
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Material risks. Consent for surgery. Apply to court. Loyal friends. Articulating best interests. The value of going to court. Withdrawal of treatment in a young man. Be informed; then disclose. Changing direction in severe anorexia. Consent for a cannula. Refusing a hospital discharge. Covert treatment. There are several exceptions to this general rule, which are described in detail in paragraphs The identity of the nearest relative may change over time, e. Restricted patients including conditionally discharged patients do not have a nearest relative for the purposes of the Act.
Nor do patients remanded to hospital under section 35 or 36, nor patients subject to interim hospital orders under section In practice, hospitals have generally recognised spouses and close blood relatives as next of kin, or alternatively a patient may nominate a person to be his next of kin.
However, there are no specific rules about who can and cannot be next of kin, and a patient may nominate whomever he chooses, e. In some circumstances e. The role of the nearest relative in respect of detained patients was identified by Maurice Kay J in R on the application of M v Secretary of State for Health[2] as follows:.
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