§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they intend to amend the Mental Health Act 1983 so as to eliminate any difference in treatment between same-sex cohabitants and opposite-sex cohabitants. [HL2083]
§ The Parliamentary Under-Secretary of State, Department of Health (Lord Warner)There is no difference in the treatment of same-sex cohabitants and opposite-sex cohabitants under the Mental Health Act 1983.
146WAA court order finalised on the 7 November 2002 established that local authorities should regard same-sex partners as within the extended definition of husband or wife under Section 26 of the 1983 Act.
Unmarried partners, whether homosexual or heterosexual, may therefore be recognised as patients' "nearest relatives" under the 1983 Act provided that they have cohabitated for a period exceeding six months.
The Department of Health issued guidance on this ruling to local authorities in November 2002 with a direction that same-sex partners must be treated in the same way as opposite-sex partners when it comes to the interpretation of Section 26.