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 forceCommencement orderMHA 2007 sectionMHA 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

All pages in this "Changes made by MHA 2007" category...