In deciding whether the test for displacing the nearest relative, under s29(3)(c) Mental Health Act 1983, has been met the court must objectively assess the nearest relative’s objections and ask itself what a reasonable person in the nearest relative’s position would do in all the circumstances. From the evidence before the court, it was clear that the judge at first instance, having found that the mother of a mentally ill man would not co-operate in the treatment of her son for mental illness, was entitled to direct, pursuant to s29, that the function of nearest relative be handed over to the local social services authority.
