Key takeaways
Safety case reports are now a legal requirement
Higher-risk buildings must document how safety risks are managed
Clear evidence of risk control is essential
Reports must show how fire and structural hazards are assessed and mitigated
Preparation supports compliance and certification
A well-prepared report is key to securing a building assessment certificate
There is a common misconception by the general public as well as health and social care professionals that being next of kin carries with it important powers and responsibilities.
This is a myth.
“Next of kin” has no legal meaning and it carries with it no special powers and responsibilities.
We often hear “next of kin” referred to in the context of health and social care – it is commonly one of the first questions asked when registering as a new patient, for example. “Next of kin” in this context should be understood to mean point of contact.
Once it is established that the term “next of kin” has no legal meaning we can understand that there are no rules about who can be next of kin. Occasionally there are arguments about who is the “next of kin”, for example an unmarried partner. Anyone can be named as “next of kin” and it is up to the patient or service user themselves to nominate who they wish to be the first point of contact.
Next of kin in the context of the Mental Capacity Act 2005 (the 2005 Act)
Misunderstandings about “next of kin” can mean that professionals fail to follow the Mental Capacity Act 2005 (2005 Act) correctly when a person has lost capacity.
If an individual lacks capacity to make a particular decision for themselves, there is a duty to act in their best interests. The named “next of kin” does not become the decision maker on the question of best interests nor can they consent to care or treatment on behalf of the individual by virtue of being next of kin – the term “next of kin” as noted above, does not confer any powers or responsibilities on that person.
A family member, friend or partner may be the decision maker about best interests in the context of care or treatment but only if they are appointed as such under a valid and applicable Lasting Power of Attorney (LPA) for health and welfare or a health and welfare deputyship order from the Court of Protection.
In the absence of a valid and applicable LPA or deputyship order, the organisation or individual proposing an act of care or treatment is the decision maker on the question of best interests. Under the 2005 Act there is a duty to consult with “anyone engaged in caring for or interested in the welfare of the person” as well as anyone appointed under an LPA or deputyship order, or anyone named by the person as someone to be consulted with.
The 2005 Act does not use the terminology “next of kin”. There is a wide range of people to be consulted with when making a best interests’ decision. “Anyone engaged in caring for or interested in the welfare of the person” may include parents, siblings, children, partners, carers, friends, and neighbours. By only engaging with a “next of kin”, professionals risk excluding others who should be consulted as part of a best interests process.
Similarly, unless they hold a valid and applicable LPA or deputyship order, the named “next of kin” has no power to exclude others from decision making, contact and information sharing. If there are fractured family relationships this can be difficult to manage and ideally families and friends should be able to agree a point of contact and share information between themselves. However, be careful when a “next of kin” instructs staff not to share information with other family members, for example. As we now know, being the “next of kin” does not give them the power to prevent this and the usual information governance processes should apply.
Myth busting
I have appointed my husband as next of kin with the hospital – doesn’t that mean he will have power to make decisions about my treatment?
No, being appointed as next of kin does not give the power to make decisions about treatment. If you want your husband to have this power you should appoint him as Attorney by making an LPA
I have a patient who has appointed his partner as next of kin, but they are not married so she cannot be next of kin, can she?
Unmarried partners can be named as next of kin. Next of kin only really means point of contact and it is up to individuals to nominate who they wish.
My patient’s wife has forbidden us to speak to his children from his first marriage. He lacks capacity and she is next of kin, so we cannot share any information with the children – is that correct?
Only if she holds an LPA or deputyship with power to make these sorts of decisions. In the absence of that, she does not have the power to prevent you from speaking to other family members. The patient’s children fall within the cohort of individuals interested in his welfare, who should be consulted when making best interests decisions under the 2005 Act.
