Mental Health Act 20266
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Child’s consent to treatment | ||
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85. (1) In this Part, consent, in relation to a child aged 16 years or older, who has not been assessed as lacking capacity under section 61 , means consent of the child obtained freely without threats or inducements, where— | ||
(a) adequate information in a form and language that the child can understand on the nature, purpose and likely effects of the treatment concerned has been given to the child, and | ||
(b) he or she has capacity to give the consent concerned. | ||
(2) In this Part, consent, in respect of a child under 16 years of age, or a child aged 16 years or older who has been assessed as lacking capacity under section 61 , means the consent of the child’s parents or guardian or the Agency obtained freely without threats or inducement where— | ||
(a) adequate information in a form and language that the child can understand on the nature, purpose and likely effects of the treatment concerned has been given to the child’s parents or guardian or the Agency, and | ||
(b) due regard has been given to the views and the will and preferences of the child in accordance with the guiding principles. | ||
(3) Consent to treatment may be withdrawn at any time by— | ||
(a) a child aged 16 years or older who has capacity to make decisions about his or her treatment under section 61 , or | ||
(b) in respect of a child under 16 years of age, or a child aged 16 years or older who has been assessed as lacking capacity under section 61 , his or her parents or guardian or the Agency. |