We represented a client who had objected to the continuing detention of her daughter under s3 of the Mental Health Act 1983, and who sought to repatriate her to her own country for treatment. It was our client’s view that the treatment that her daughter was receiving was neither suitable nor effective and that repatriation to a hospital in her home country would be a better option.
The Local Authority made a without notice application to have our client displaced as her daughter’s Nearest Relative, and an interim Order was made appointing the Local Authority as the interim Nearest Relative.
The matter proceeded to hearing and a final Order was secured reinstating our client as her daughter’s Nearest relative after the Local Authority sought to withdraw its application following representations made by us.
Our client was represented by Adam Marley, our Head of Mental Health Law, at our City of London Office and by Alex Schymyck of Garden Court Chambers.
We are happy to advise and represent clients in relation to s29 Nearest Relative displacement proceedings. In some cases legal aid funding is available. 4