Mental Health Act 20266

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Provision of information for involuntarily admitted child

76. (1) The responsible consultant psychiatrist in respect of an involuntarily admitted child shall, as soon as practicable but not later than 24 hours after the making of an involuntary admission order or a renewal order, give or cause to be given a notice of the making of the order concerned.

(2) A notice under subsection (1) and any information provided in accordance with subsection (3) shall be given to—

(a) the child concerned,

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

(c) 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 paragraph (b), the Agency, and

(d) where relevant, any nominated person.

(3) A notice under subsection (2) shall include a statement in writing to the effect that—

(a) the child’s relevant consulted carers, if any, will be given a general description of the proposed care and treatment to be administered to the child during the period of his or her involuntary admission,

(b) the child’s relevant consulted carers, if any, are entitled to receive information on any aspect of the child’s proposed care and treatment at any time during the period of involuntary admission,

(c) the recipient will be provided with an explanatory note on the guiding principles that apply in relation to all decisions regarding the child’s care and treatment,

(d) the recipient is informed of the rights of the child or his or her parents or guardian or the Agency, where appropriate, subject to Chapter 3, to consent or refuse to consent to treatment,

(e) the recipient is informed of the complaints procedure for the registered acute mental health centre and of the entitlement of the child and his or her parents or guardian or the Agency to bring a complaint under that procedure,

(f) the recipient is informed of any relevant advocacy services,

(g) the recipient is informed of the entitlement of the child and his or her parents or guardian or the Agency to communicate with the Chief Inspector,

(h) the recipient is informed that a court may, in any proceedings under this Part that the child to whom the notice relates is a party, if it thinks fit, appoint a solicitor to represent the interests of the child in the proceedings pursuant to section 25 of the Act of 1991,

(i) the recipient is informed of the guardian ad litem appointed for him or her following the making of the involuntary admission order in accordance with Part VA of the Act of 1991, as applied by section 60 ,

(j) the recipient is provided with all other relevant information as outlined in the code of practice relating to admission of children,

(k) the recipient is informed of the entitlement to appeal to the Family Circuit Court under section 69 against an involuntary admission order or a renewal order, and of the effect of such appeals,

(l) the recipient is informed of the entitlement of the child and his or her relevant consulted carers, if any, to discuss discharge planning, and

(m) the recipient is informed of the entitlement of the child to engage with—

(i) his or her relevant consulted carers, and

(ii) where applicable, a nominated person.

(4) A notice provided under subsection (2) and any information provided in accordance with subsection (4) shall be in a form and language that the person in receipt of the information can understand.