Mental Health Act 20266

Treatment refusal by or on behalf of involuntarily admitted child

86. (1) Subject to subsection (2), an involuntarily admitted child aged 16 years or older may refuse to consent to any specific treatment proposed to him or her at any time, and he or she may withdraw his or her consent to any specific treatment at any time.

(2) Where an involuntarily admitted child aged 16 years or older has been assessed as lacking necessary capacity under section 61 , his or her parents or guardian or the Agency may refuse to consent to any specific treatment proposed to be given to the involuntarily admitted child at any time, and he, she or it may withdraw his, her or its consent to any specific treatment at any time.

(3) In respect of an involuntarily admitted child under 16 years of age, his or her parents or guardian or the Agency may refuse to consent to any specific treatment proposed to be given to the involuntarily admitted child at any time, and he, she or it may withdraw his, her or its consent to any specific treatment at any time.

(4) Each refusal to consent to treatment under this section shall be made in relation to the specific treatment proposed and it shall not be permissible to make a decision that provides general consent to or, as the case may be, total refusal to consent to all forms of treatment without considering each specific treatment proposed.