Facts: after the daughter was admitted to hospital under section 2 of the MHA 1983, the local authority obtained an order in the county court displacing the appellant as her daughter’s nearest relative, enabling the local authority to assume guardianship for the daughter and make arrangements for her to live away from the appellant, in a supported living arrangement.

Judgment: the Court of Appeal (Thorpe, Smith and Wall LJJ) held that once the criteria in section 29 of the MHA 1983 were made out, the county court judge was entitled to displace a nearest relative and not required to refuse to do so, on the basis that the local authority should seek the alternative remedy of a best interests declaration. The court ought to join the patient as interested party in such applications.