New Policy Bristol briefing on improving support for Nearest Relatives under the Mental Health Act

Two people clasping each other’s hands across a table in a gesture of support and comfort.

Press release issued: 10 October 2024

Today on World Mental Health Day, Policy Bristol has published a new Research Briefing, ‘How to improve support for Nearest Relatives under the Mental Health Act’, by the Law School’s Judy Laing, Professor of Mental Health Law, Rights and Policy, together with Dr Jeremy Dixon (Cardiff University) and Dr Kevin Stone (University of Warwick).

Nearest Relatives (NRs) are an important safeguard for people who are affected by the Mental Health Act. The Nearest Relative role is being reviewed as part of the planned reform to the Mental Health Act.

The new Policy Bristol research briefing sets out to provide clarity on the legal rights and role of Nearest Relatives in mental health law and to improve information, communication, and legal literacy.

The project’s research and a subsequent stakeholder Knowledge Exchange event, held at the University of Bristol in May 2024 to explore the experiences of Nearest Relatives, identified actions to support NRs now as well as when Mental Health Act reforms are implemented.

Professor Judy Laing said:

“The main message from our research and workshop findings is the need for NRs to be able to access information and guidance about their legal rights and duties when a family member is admitted to hospital for treatment under the Mental Health Act.

“We spoke to people who had been a Nearest Relative, who told us they felt unsupported, emotionally burdened and overwhelmed by the role, and did not know where to access information about their legal rights and duties.

“We are hoping to work with a mental health charity on the next phase of the project to co-produce accessible online resources to address these issues and improve support for Nearest Relatives.”

Plans to reform the Mental Health Act were incorporated in a Draft Metal Health Bill in the Kings Speech in July 2024, including proposals to strengthen and expand the role of Nearest Relatives in the statute.

Since then the Secretary of State for Health and Social care has said reform will be delayed following the Care Quality Commission (CQC)'s rapid review into the care of Valdo Colacane after his conviction for the killings in Nottingham in June 2023. The CQC report did however highlight the need for professionals to work more closely with family members when their relative is in crisis and acutely unwell.

Read the Policy Bristol briefing: How to improve support for Nearest Relatives under the Mental Health Act.

Further information

Professor Judy Laing is Professor of Mental Health Law, Rights and Policy at the University of Bristol Law School. She has a long-standing research interest in mental health/capacity, law, and human rights, and has published extensively on these topics. Judy is an adviser to the Care Quality Commission as a member of its Mental Health Act External Advisory Group (2014-present) and a member of the editorial boards of the Medical Law Review, the International Journal of Law and Psychiatry, and Medicine, Science and the Law.  

The Centre for Health, Law, and Society (CHLS) promotes cross-disciplinary and cross-sector perspectives on the impacts of law and governance on physical, mental and social wellbeing. Based within the University of Bristol Law School, the CHLS comprises leading scholars whose work focuses on wide-ranging practical areas from within and far beyond health care systems, including clinical medicine, reproductive care, mental health, social care, and public and global health.  

The LLM in Health, Law, and Society: Marking a clear evolution in the field of Law and Health, this distinctive master's level degree goes beyond traditional courses on healthcare law. Looking at the relationships between law, governance, and health across society and governmental sectors, it opens up diverse career opportunities in and out of law.  

Find out more about student opportunities at the Centre for Health, Law, and Society.

The Human Rights Implementation Centre (HRIC) at the University of Bristol Law School is a leading institution for the implementation of human rights, that works in collaboration with a number of organisations and bodies, including those in the United Nations, the African Union, the Council of Europe, as well as with governments and organisations at the national level. 