MHA - Nearest relative
When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.
ss.26 - 30, Mental Health Act 1983
Nearest Relative, Reference guide (Chapter 2)
Nearest Relative, Code of Practice - England (Chapter 5)
Nearest Relative, Code of Practice - Wales (Chapter 5)
Section 23 and Section 25, Mental Health Cop, May 2017 (external link)
Rethink fact sheet, March 2016
Delegation of Nearest Relative powers to another person - e-learning , 2015
'A Relative Affair', Dr Joan Rapaport, May 2012
The Nearest Relative and the Courts, Dr Benjamin Andoh, Mountbatten Journal of Legal Studies (2009)
Helen Plenty v John Johnson, Bristol County Court, 2nd January 2018
K (by his litigation friend, L) v Hospital Managers of the Kingswood Centre, Court of Appeal, 23rd October 2014
Northamptonshire Healthcare NHS Foundation Trust & Anor v ML, Court of Protection, 16th May 2014
TW v London Borough of Enfield, Court of Appeal, 27th March 2014
In the matter of an application by HM for Judicial Review, QBD (Northern Ireland), 4th April 2014
MH v UK, European Court of Human Rights, 22nd October 2013
MA v Secretary of State for Health and Others, Upper Tribunal, 20th December 2012
GP v Derby City Council, High Court, 27th April 2012
DP v Hywel DDA Health Board, Upper Tribunal, 21st September 2011
DP v (1) South Tyneside District Council (2) Northumberland, Tyne & Wear NHS Foundation Trust, QBD, 14th July 2011
CX v A Local Authority (Defendant) & A NHS Foundation Trust, QBD, 20th April 2011
Massie v H and M, Court of Appeal, 25th January 2011
TTM v Hackney Borough Council and Others, Court of Appeal , 14th January 2011
R v South London & Maudsley NHS Foundation Trust and Croydon London Borough Council, ex parte V, High Court, 8th February 2010
An AMHP v PD and DK, Reading County Court, 21st January 2010
GC v Hospital Managers of the Kingswood Centre, Central and North West London Trust & VC, Administrative Court, 3rd October 2008
GD v Managers of the Dennis Scott Unit at Edgware Community Hospital and L. B. Barnet, Queen's Bench Division, 27th June 2008
BB v Cygnet Health Care and London Borough of Lewisham, Administrative Court, 4th March 2008
M (R on the application of) v Homerton University Hospital, Court of Appeal, 1st February 2008
R v The Hospital Managers of the Park Royal Hospital, ex parte Robinson, Queen's Bench Division, 26th November 2007
R (on the application of Holloway) v Oxfordshire County Council and others, Queen's Bench Division, 3rd April 2007
M v UK, European Court of Human Rights, 13th February 2007
SR v Huntercombe Maidenhead Hospital & others, Administrative Court, 21st September 2005
Brenda Lewis v Mark Gibson & MH (By her litigation friend, The Official Solicitor), Court of Appeal, 19th May 2005
R (on the application of O) v West London Mental Health NHS Trust, Administrative Court, 16th March 2005
O'Reilly v Blenheim Healthcare Limited, Administrative Court, 10th February 2005
R (on the application of E) v Bristol City Council, Administrative Court, 13th January 2005
McLarnon v Bradford District Care Trust, High Court, 22nd July 2004
M (R on the application of) v Secretary of State for Health, Queen's Bench Division, 16th April 2003
B (R on the application of) v Mental Health Review Tribunal, Administrative Court, 13th February 2003
R (on the application of SSG) v Liverpool City Council (1), Secretary of State for Health (2) and LS (Interested Party), 22nd October 2002
G (R on the application of) v London Borough of Ealing, Administrative Court, 30th April 2002
S (R on the application of) v City of Plymouth, Court of Appeal, 26th March 2002
PG (R on the application of) v London Borough of Ealing, Ealing Hospital Managers & Scott, Administrative Court, 28th February 2002
WC v South London & Maudsley NHS Trust and David Orekeye, Administrative Court, 25th October 2001
C v South London and Maudsley Hospital NHS Trust and London Borough of Lambeth, Queen's Bench Division, 1st March 2001
H (R on the application of) v Mental Health Review Tribunal for the W.Midlands and NW Region, Administrative Court, 7th December 2000
R v Uxbridge County Court, ex parte Binns, Queen's Bench Division, 11th August 2000
In re F (Adult: Court's Jurisdiction), Court of Appeal, 26th June 2000
In re D (Mental patient: Habeas corpus), Court of Appeal, 9th May 2000
In re GM (patient: consultation), Queen's Bench Division, 4th May 2000
Smirek v Williams, Court of Appeal, 7th April 2000
JT v UK, European Court of Human Rights, 30th March 2000
McCelland (Nora) v Scully (Simon), Court of Appeal, 10th February 2000
Re Thomas, High Court, 4th October 1999
FC v UK, European Court of Human Rights , 7th September 1999
Merrill v Herefordshire District Council, Court of Appeal, 27th July 1999
SC v Lancashire County Council, Court of Appeal, 5th July 1999
Derbyshire County Council v Muriel Maude, 5th July 1999
Manchester City Council v Merceda Ingram, Court of Appeal, 25th June 1999
In the Matter of Gary Kinsey, High Court, 21st June 1999
R v Central London County Court; R v Managers of Gordon Hospital, ex parte AX London, Court of Appeal, 15th March 1999
Re Whitbread (Habeas Corpus: Continued Detention), Queen's Bench Division, 5th January 1999
The Mayor, Aldermen and Burgesses of the London Borough of Barnet v Tania Robin, Court of Appeal, 28th October 1998
In the Matter of Briscoe (Mary Elisabeth) of an Application for Habeas Corpus Ad Subjiciendum, Queen's Bench Division, 22nd July 1998
In Re John (Julie), Queen's Bench Division, 30th April 1998
R v Riverside Mental Health Trust, ex parte Huzzey, Queen's Bench Division, 29th April 1998
Re Whitbread, sub nom Whitbread v Kingston & District NHS Trust, Court of Appeal, 24th June 1997
R v Liverpool City Council, ex parte F, Queen's Bench Division, 16th April 1997
Mrs H v Essex County Council, HHJ O'Brien, Southend County Court, 14th February 1997
Re S-C (Mental patient: Habeas corpus), Court of Appeal, 22nd November 1995
Re Shearon, Queen's Bench Division, 8th November 1995
R v Birmingham Mental Health Trust and Another, ex p. Phillips, Queen's Bench Division, 25th May 1995
R v Wilson and another, ex parte Williamson, Queen's Bench Division, 6th April 1995
Surrey County Council v McMurray, Court of Appeal, 11th November 1994
R v Managers of South Western Hospital, ex p M, High Court, 31st December 1992
S v G, Sheffield County Court, January 1981
B v B (mental health patient), Court of Appeal, July 1979
W v L, Court of Appeal, 24th May 1973
DSA archive