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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My daughter who is very ill has been sectioned under the mental

Customer Question

My daughter who is very ill has been sectioned under the mental health act ( section 2). she has recently indicated she is taking legal action in the county court to have me removed as her Nearest Relative under the Act, citing my alleged alchoholism and mental illness. I suffer from neither and it is all a massive projection on her part. She is very unwell. Do I have any rights to defend myself in law against this defamation. I am not willing to delegate my functions as NR under the mental health Act and have discussed this with her brothers and sisters who agree with me. ( she needs to end the denial about her mental health and start co-operating with the mental health professionals who agree she is very unwell.) Will I be informed about the impending county court hearing. what do I need to do
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

I think you'd agree that the allegations being made against you are symptoms or a manifestation of your daughters mental illness. As such these allegations are highly unlikely to amount to defamation.

As as far as being removed as NR is concerned, there's not much to be done unless your daughter makes an application to the County Court. If such an application is made a hearing will be set and you will be notified to attend. A judge will then decide whether the statutory criteria for removal have been met. Its fair to say that if the allegations of alcoholism and mental illness are made out against you then a court would remove you from this role.

Hope this helps.