View source for 16- or 17-year-old with capacity cannot be detained on basis of parental consent

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[[MHA 1983 s131]] is amended so that:

:(a) A child with the relevant capacity can consent to informal admission, even if there is someone with parental responsibility.

:(b) A child with capacity who refuses cannot be admitted on the basis of parental consent.

==See also==

*[[Children and mental health law]]

==Extract from Explanatory Notes==

'''Section 43: Informal admission of patients aged 16 or 17'''

171. Section 43 amends section 131 (Informal admission of patients) of the 1983 Act so that 
in the case of patients aged 16 or 17 years who have the capacity to consent to the making of 
arrangements for their admittance to hospital or registered establishment for treatment for 
mental disorder on an informal basis, they may consent (or may not consent) to such
arrangements and their decision cannot be overridden by a person with parental responsibility 
for them.  

172. If the patient consents to the making of arrangements they can be informally admitted to 
hospital and their consent cannot be overridden by a person with parental responsibility for 
them. If the patient does not consent to the making of arrangements they cannot be informally 
admitted on the basis of consent from a person with parental responsibility for them but they 
could be admitted to hospital for compulsory treatment under the 1983 Act if they meet the 
relevant criteria.  

==Commencement==
{{mha change info|1/1/08|3|43|[[s131]]}}

==Resources==

[http://www.mhact.csip.org.uk/workstreams/the-mental-health-act-amendment-workstreams/children--young-people.html CSIP's Children & Young People pages]

[[Mental Health Act 2007 Explanatory Notes]] - page 32
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