Mental Health Act 20266

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Involuntary admission of child

66. (1) Subject to subsection (5), where it appears to the Executive that a child has a mental disorder that fulfils the criteria for involuntary admission of a child, the Executive shall, as soon as may be, arrange for a consultant psychiatrist to carry out an examination of the child.

(2) In carrying out an examination under subsection (1), a responsible consultant psychiatrist shall consider, in consultation with the child’s relevant consulted carers, if any—

(a) whether the child may, in the first instance, be admitted—

(i) as a voluntarily admitted child under section 62 or 63 , or

(ii) as a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64 ,

and

(b) if so, whether it would be in the best interests of the child to be admitted pursuant to section 62 , 63 or 64 , as the case may be, rather than being admitted on an involuntary basis under this section.

(3) Where, following an examination under subsection (1), the consultant psychiatrist is satisfied that the child has a mental disorder that fulfils the criteria for involuntary admission of a child, the Executive may 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, for an order authorising the reception, detention and care and treatment of the child in a registered acute mental health centre.

(4) Where the Executive makes an application for involuntary admission under subsection (3) following an examination under subsection (1), the consultant psychiatrist who carried out an examination of the child shall—

(a) report to the Court as soon as practicable within such period as is specified by the Court, which period shall be no longer than 72 hours after the giving of such direction by the Court, on the results of the examination, and

(b) indicate to the Court whether he or she is satisfied that the child fulfils the criteria for involuntary admission of a child.

(5) The Executive may make an application for involuntary admission under subsection (3) without any prior examination of the child by a consultant psychiatrist, where—

(a) the child is aged 16 years or older and refuses or does not consent to the examination,

(b) in the case of a child under 16 years of age or a child aged 16 years or older who lacks the necessary capacity to consent to or refuse voluntary admission, the parents or guardian or the Agency refuse or do not consent to the examination of the child, or

(c) in the case of a child referred to in paragraph (b) who is not the subject of a care order, following the making of reasonable enquiries by the Executive, the parents, or either of them, or guardian, cannot be found by the Executive.

(6) Where the Executive makes an application for involuntary admission under subsection (3) without a prior examination by a consultant psychiatrist of the child, the subject of the application, the Family District Court or the District Court, as the case may be, may, if it is satisfied that there is reasonable cause to believe that the child fulfils the criteria for involuntary admission of a child, direct the Executive to arrange for an examination of the child by a consultant psychiatrist and for that consultant psychiatrist to—

(a) report to the Court as soon as practicable within such period as is specified by the Court, which period shall be no longer than 72 hours after the giving of such direction by the Court, on the results of the examination, and

(b) indicate to the Court whether he or she is satisfied that the child fulfils the criteria for involuntary admission of a child.

(7) A consultant psychiatrist shall be disqualified from carrying out an examination under subsection (1) or (5) where he or she is a relative of the child concerned.

(8) Where the Family District Court or the District Court, as the case may be, is satisfied, having considered—

(a) the report of the consultant psychiatrist referred to in subsection (4) or (6), and

(b) any other evidence that may be adduced before it that a child fulfils the criteria for involuntary admission of a child,

the Court shall make an order (in this Act referred to as an “involuntary admission order”) for the involuntary admission of the child concerned in a specified registered acute mental health centre.

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

(10) Subject to subsection (12), notice of an application for involuntary admission under subsection (3) 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.

(11) Before making an involuntary admission order under this section, the Family District Court or the District Court, as the case may be, 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.

(12) An application for involuntary admission under subsection (3) may, if the Family District Court or the District Court, as the case may be, is satisfied that the urgency of the matter so requires, be made ex parte.

(13) Where an application for involuntary admission of a child is made to the Family District Court or the District Court, as the case may be, under subsection (3), the Court, of its own motion or on the application by any person, may give such directions as it sees fit as to the reception, detention and care and treatment of the child who is the subject of the application pending its determination of the matter, and any such direction shall cease to have effect on the determination of the application.