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

Not reasonably practicable: are there now greater opportunities for abuse by a nearest relative? Purpose– The purpose of this paper 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Journal of Adult Protection Emerald Publishing

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

Hewitt, David
The Journal of Adult Protection , Volume 17 (1): 9 – Feb 9, 2015
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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1466-8203
DOI
10.1108/JAP-06-2014-0021
Publisher site
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Abstract

Purpose– The purpose of this paper 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.

Journal

The Journal of Adult Protection – Emerald Publishing

Published: Feb 9, 2015

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