Mental Health Act 20266

Provision of information for voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent

75. (1) The responsible consultant psychiatrist in relation to a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent shall, as soon as practicable after the admission, give, or cause to be given, a notice of the admission.

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

(i) 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,

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

(k) the recipient is informed of the entitlement of the child to leave the registered acute mental health centre at any time, subject to sections 62 (4), 63 (3), 63 (4), 64 (4) and 71 .

(4) A notice provided under subsection (1) and any information provided in accordance with subsection (3) shall be in a form and language that the person in receipt of the information can understand.