Nearest relative

[whoosit]

If I have lived with my partner for over a year does that mean I'm their nearest relative? We aren't married but have been together for nearly 2 years.

I'm asking because currently their parent is the nearest relative and they wouldn't tell me anything about my partner being sectioned, where they were or contact me after their initial crisis happened. I had to find out where they were myself and have since been visiting them in hospital.

The parent is now communicating with me as they realised I have been going to visit partner.

I'm asking because I wonder if it would affect anything around their eventual discharge or plans to spend time away from hospital or even being informed of treatment and care plans. Thanks.

The fact that you live together definitely affects any discharge or care plans, unless your partner has told staff that they will be living with parent when they leave hospital.
I don’t think you automatically count as next of kin though.
What is your history with partner’s parent/family? Do they not approve of your relationship?

Does your partner have mental capacity to ask that you be treated as their NOK?

Thank you for replying. Their parent doesn't disapprove of the relationship but is very controlling and treats him like he's still a teenager. I guess because they're worried and want to keep him safe.

I think when someone is sectioned the person they live with 'as husband wife or civil partner for more than 6 months' is their nearest relative so has certain rights in terms of being involved in their care etc. I'm just worried about not being included in their care plan and discharge conversations.

My partner now does have capacity to explain that we live together but their parent is very overbearing and controlling and my partner kind of shuts down and speaks less when they're around so I'm worries their parent will try to control the situation and stop them being able to come back home to me when it is eventually time for them to come home.

Perhaps I should speak to the staff and ensure they know the situation and that we live together.

Yes, definitely do make sure staff are aware of you & partners living situation. And it probably wouldn’t hurt to mention the controlling parent either as I think in some situations meetings are held with families although most professionals would hopefully pick up on the overbearing dynamic if your partner goes quiet.
Make sure you access all available support when it comes to discharge, good luck

You are the nearest relative. The AMHP has made an error and it needs correcting, there have been many breaches of the MHA code of practice.

Talk to the ward staff, ring the local AMHP team, or complain via PALS. This needs sorting out urgently, it’s unlawful to mess this process up, you have rights that are not being allowed to you and his mum is not legally permitted to be treated as nearest relative without you being legally displaced which has not been done either.

https://www.mind.org.uk/information-support/legal-rights/nearest-relative/about-the-nearest-relative/

You are the nearest relative ad you live with your partner . I expect you also offer care and support to him. These are the relevant criteria.
Contact your local AMHP team or mental health act office (your local trust will have one ). This needs sorting out and they will be keen to do so as it is part of their legal obligation to get this right.

Nearest relative is a term under the MHA- the Mental Health Act administrator at the hospital where your partner is detained will need to rectify records if you’ve lived together over 6 months to reflect this is you. You would then be consulted over (but not have final say in) MHA decisions.
re care planning/ discharge planning, your partner needs to agree this can be discussed with you ie give consent. That’s an entirely separate issue. Even if he doesn’t, you can contact the ward to share feedback/ opinions for consideration, but they couldn’t let you know the decision without consent.
Next of Kin means you are first contacted in emergency. Your partner nominates next of kin.

You are the nearest relative - this is a legal definition set out by the mental health act and it is a pretty serious error that you have been discounted.

@Incognito2023 NOK has no legal basis, what the OP is talking about is who is legally the Nearest Relative under the Mental Health Act. There is very clear law and guidance around who takes up this role and in what order different relatives need to be considered the NR. A cohabiting partner of over 6 months takes precedent over a parent.

@hatgirl Thank you for clarifying - the situation I was involved with was a married couple so the husband was both the nearest relative and next of kin. I wasn’t aware they are actually different and assumed people just used both terminology.
This is actually a classic case of me/ other MN users trying to be helpful but not actually knowing what we’re talking about… Sometimes can be dangerous!