16- or 17-year-old with capacity cannot be detained on basis of parental consent
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
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
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 1/1/08 | Mental Health Act 2007 (Commencement No. 3) Order 2007 | 43 | s131 |
Resources
CSIP's Children & Young People pages
Mental Health Act 2007 Explanatory Notes - page 32