Mental Health Act 20266

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Discharge of involuntarily admitted children

70. (1) Subject to subsection (2), where a responsible consultant psychiatrist becomes of the opinion that a child no longer fulfils the criteria for involuntary admission of a child, the responsible consultant psychiatrist shall as soon as possible meet with the child concerned and—

(a) inform the child of his or her intention to notify the Executive under subsection (4) of his or her proposal to discharge the child and of the right of the child, if discharged, to leave the registered acute mental health centre or, with the responsible consultant psychiatrist’s agreement—

(i) remain as a voluntarily admitted child if—

(I) in the case of a child aged 16 years or older, the child wishes, or

(II) in the case of a child under 16 years of age, the child’s parents, or either of them, or guardian, wishes,

or

(ii) in the case of a child aged 16 years or older assessed as lacking capacity under section 61 , remain as a child aged 16 years or older lacking necessary capacity admitted with parental consent if his or her parents, or either of them, or guardian wishes,

and

(b) provide the child with all relevant information from the child’s care plan prepared in accordance with section 187 and information regarding—

(i) what will occur if the child leaves the registered acute mental health centre, and

(ii) what will occur if the child remains in the registered acute mental health centre in accordance with paragraph (a)(i) or (ii).

(2) Where a child referred to in subsection (1)—

(a) is under 16 years of age or is assessed as lacking capacity under section 61 , and

(b) is the subject of a care order,

that subsection shall apply in relation to the child with the modification that the child may remain as a voluntarily admitted child in the registered acute mental health centre with the responsible consultant psychiatrist’s agreement where an order is made by the Family District Court or the District Court, as the case may be, authorising the admission under section 62 (2) or 64 (2).

(3) The meeting referred to in subsection (1) may also be attended by—

(a) the child’s relevant consulted carers, if any, and

(b) any nominated person.

(4) Where, following a meeting under subsection (1), a responsible consultant psychiatrist proposes to discharge a child under that subsection, the responsible consultant psychiatrist or another mental healthcare professional who is involved in the child’s care and treatment shall—

(a) notify—

(i) the Executive,

(ii) the child’s guardian ad litem,

(iii) the child’s relevant consulted carers, if any, and

(iv) in relation to a child who is the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, if not already notified under subparagraph (iii), the Agency,

of the proposal to discharge the child, together with a report of his or her opinion that the child no longer fulfils the criteria for involuntary admission of a child, for the purpose of subsection (6), and

(b) engage with the child concerned and, in so far as is practicable, where appropriate, liaise with the persons referred to in paragraph (a) or (b) of subsection (3) as they apply in respect of the child concerned for the purposes of planning the child’s discharge.

(5) Where the Family District Court or the District Court, as the case may be, refuses an application for a renewal order under section 67 in relation to a child, subsections (1) to (4) shall apply to the child concerned and his or her responsible consultant psychiatrist with the modification that the discharge of the child has been authorised by the Family District Court or the District Court under subsection (7), and a further application under subsection (6) shall not be required.

(6) Where the Executive has been notified of a proposal to discharge a child under subsection (4), the Executive shall make an application to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being and furnish the report referred to in subsection (4)(a) to the Court upon the making of the application.

(7) Subject to subsection (9), where the Court is satisfied, having considered an application under subsection (6), that the child no longer meets the criteria for involuntary admission of a child, the Court shall make an order authorising the discharge of the child as an involuntarily admitted child from the registered acute mental health centre.

(8) Notice of an application under subsection (6) and a copy of the proceedings shall be served by the Executive on—

(a) the child’s relevant notified carers, and

(b) any other person specified by the Family District Court or the District Court, as the case may be.

(9) Before making an order authorising the discharge of the child as an involuntarily admitted child under subsection (7), the Family District Court or the District Court, as the case may be—

(a) shall have regard to the report referred to in subsection (4)(a), and

(b) may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.

(10) The decision under this section for a child to remain in a registered acute mental health centre as a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent, or to not remain, shall be recorded and a copy shall be retained in the child’s medical records.

(11) Where a child discharged under this section is—

(a) the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, or

(b) where paragraph (a) does not apply, under 16 years of age or aged 16 years or older and assessed as lacking capacity to consent under section 61 ,

he or she shall be released into the care of his or her relevant carer.