Mental Health Act 20266

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Admission with parental consent of child aged 16 years or older lacking necessary capacity

64. (1) Subject to subsections (2) and (3), where a child aged 16 years or older is assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis, he or she may be admitted to a registered acute mental health centre with the consent of his or her parents, or either of them, or guardian.

(2) Where a child is—

(a) the subject of a care order,

(b) aged 16 years or older, and

(c) assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis,

the Executive may, with the agreement of the responsible consultant psychiatrist and with the consent of and on notice to the Agency, apply 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 located and, where the Court is satisfied that it is in the best interests of the child to be so admitted, the Court shall make an order authorising the admission of that child to that registered acute mental health centre.

(3) Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application under subsection (2) is proposed, the Executive shall notify the guardian ad litem of the intended application in advance.

(4) Subject to subsection (7) and section 71 , a child admitted to a registered acute mental health centre under this section may leave the registered acute mental health centre at any time into the care of his or her relevant carer, with the consent of his or her parents or guardian or the Agency, as the case may be.

(5) The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order is discharged from a registered acute mental health centre under this section.

(6) Where a child has been admitted to a registered acute mental health centre under this section, the registered acute mental health centre shall—

(a) provide all relevant supports to the child to enable the child to form his or her own views and will and preferences and, where possible, make decisions affecting himself or herself in relation to his or her admission, care and treatment under this Part, and

(b) arrange for capacity assessments of the child to be carried out in accordance with section 61 to assess whether the child continues to lack the necessary capacity to consent to or refuse voluntary admission.

(7) Where a child admitted under this section is found to have the necessary capacity to consent to or refuse voluntary admission following a periodic capacity assessment under section 61 , the child shall be treated as a voluntarily admitted child admitted under section 63 .

(8) The Commission shall prepare and publish a code of practice for staff working in a registered acute mental health centre in relation to the provisions of this section.