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Section 29
Displacing the Nearest Relative
Civil SectionsWhat this section does
Lets a county court remove someone from acting as your 'nearest relative' if they are unsuitable — for example the relationship is abusive, they cannot be found, or they are acting against your interests — and appoint someone else in their place.
Who it applies to
Patients whose automatic nearest relative is unsuitable or cannot be found; local authorities and AMHPs can also apply in some cases.
Your rights
You can ask the county court to displace your nearest relative and to appoint someone else instead.
Time limits
No fixed time limit — apply whenever the problem arises.
How to challenge it
The court application is itself the challenge. Legal aid is often available; an IMHA or solicitor can help you apply.
Key cases
JT v United Kingdom (2000); R (MH) v Secretary of State for Health (2005).
Last updated: 9/13/2026