Mental Health Act 20266

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Power to detain child

71. (1) Where the responsible consultant psychiatrist or another mental healthcare professional who is responsible for or involved in the care and treatment of a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent is of the opinion that the child fulfils the criteria for involuntary admission of a child, the responsible consultant psychiatrist or other mental healthcare professional concerned may, if necessary, detain the child for a period not exceeding 24 hours for the purpose of carrying out the matters in subsections (2), (3) and (5).

(2) Where a child is detained under subsection (1), the responsible consultant psychiatrist shall as soon as possible carry out an examination of the child and, where following that examination he or she remains of the opinion that the child fulfils the criteria for involuntary admission of a child, arrange for another consultant psychiatrist who is not involved in the care and treatment of the child to carry out a second examination of the child.

(3) If, following his or her examination and consultation with the responsible consultant psychiatrist, the second consultant psychiatrist is of the opinion that the child does not fulfil the criteria for involuntary admission of a child, the detention shall cease and the child or the child and his or her relevant notified carers shall be immediately notified of the decision, and—

(a) in the case of a voluntarily admitted child aged 16 years or older admitted under section 63 , informed of his or her right to leave the registered acute mental health centre or stay as a voluntarily admitted child in accordance with that section, and

(b) in the case of a voluntarily admitted child under 16 years of age admitted under section 62 , or a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64 , informed of his or her right to leave, or to stay as a voluntarily admitted child, or a child aged 16 years or older lacking necessary capacity admitted with parental consent, in accordance with those sections.

(4) 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.

(5) If, following his or her examination, the second consultant psychiatrist is of the opinion that the child does fulfil the criteria for involuntary admission of a child, the Executive shall make an application for involuntary admission of a child under section 66 (3), subject to the following modifications:

(a) the application shall be made—

(i) at the next sitting of the Family District Court held in the Family District Court district in which the child resides or is for the time being,

(ii) in circumstances of urgency where no judge of the Family District Court is available to hear the application, at the next sitting of the District Court held in the same District Court district, or

(iii) in the event that the next sitting of the Family District Court or District Court is not due to be held within 3 working days of the date on which the child is detained under this section, at a sitting of the Family District Court or District Court which has been specially arranged under paragraph (d), held within the said 3 working days;

(b) where a judge for the Family District Court district or a judge for the District Court district in which the child resides or is for the time being is not immediately available, an order may be made by any judge of the Family District Court or the District Court;

(c) the application may, if the judge is satisfied that the urgency of the matter so requires, be made ex parte;

(d) the application may, if the judge is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a sitting of the Family District Court or a public sitting of the District Court;

(e) the Executive shall furnish reports, prepared by the psychiatrist or psychiatrists concerned, of the examinations under subsection (2) when making the application.

(6) Where a child has been detained in accordance with subsection (1) and, following examinations under subsection (2), the Executive makes an application under section 66 (3), the clinical director of the registered acute mental health centre shall continue the reception, detention and care of the child during the 72 hour period pending the hearing of that application, subject to any directions from the Family District Court or District Court, as the case may be, under section 66 .

(7) The examinations carried out under subsection (2) shall be recorded and a copy shall be retained in the child’s medical records.

(8) The Executive may make an application for involuntary admission under section 66 (3) in respect of a child to whom this section applies without any examinations under subsection (2) being carried out where paragraph (a), (b) or (c) of section 66 (5) applies.

(9) The Executive shall notify the Commission, in the form and manner specified by the Commission, of a decision under this section to make an application for involuntary admission under section 66 or to not make such an application.