Mental Health Act 20266
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Request for application for transfer of child | ||
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81. (1) A request may be made to the clinical director of a registered acute mental health centre for the transfer of an involuntarily admitted child detained in that centre to another registered acute mental health centre by— | ||
(a) subject to paragraph (b), in the case of a child aged 16 years or older, the child concerned or any nominated person, and | ||
(b) in the case of a child aged 16 years or older assessed as lacking capacity to consent under section 61 or a child under 16 years of age, his or her parents or guardian or the Agency or, where relevant, any nominated person. | ||
(2) Subject to subsection (3), a clinical director who receives a request under subsection (1) may request the Executive to make an application under section 80 for the transfer of the involuntarily admitted child with the consent of the clinical director of the registered acute mental health centre to which the child is to be transferred. | ||
(3) Before deciding whether to request the Executive to make an application under section 80 , the clinical director who received the request under subsection (1) shall consult with the child the subject of the application, the responsible consultant psychiatrist and other members of the child’s multidisciplinary team and, as appropriate, the child’s parents or guardian or the Agency and any nominated person. | ||
(4) The clinical director who received the request under subsection (1) shall, within 7 days of receiving the request— | ||
(a) make his or her decision on whether or not to request the Executive to make an application under section 80 , | ||
(b) provide a copy in writing of that decision to the person who made the request which shall include, where the clinical director refuses a request, the reasons for refusing the request, and | ||
(c) send a copy of the request and his or her decision to the Commission. |