Mental Health Act 20266

• Permanent Page URL

Guiding principles to apply in respect of children

9. (1) In making any decision under Part 4 concerning the admission, detention and care and treatment of an involuntarily admitted child, a voluntarily admitted child or a child aged 16 years or older lacking necessary capacity admitted with parental consent in a registered acute mental health centre, including the making of an application under section 66 and any decision of the Family District Court or District Court under that section, the following principles (in this Act referred to as “guiding principles”) shall apply:

(a) that the best interests and the welfare of the child shall be the primary consideration;

(b) that every child should have access to health services that have as the aim of those services, the delivery of the highest attainable standard of mental health, subject to the availability of resources;

(c) that in the case of a child who is aged 16 years or older—

(i) it shall be presumed that the child has the necessary maturity and capacity to make decisions affecting himself or herself in relation to his or her admission, care and treatment under this Act, and

(ii) the views of the parents or guardian or the Agency shall be recorded;

(d) that in the case of a child who is under 16 years of age and is capable of forming his or her own views, where practicable—

(i) the child shall be consulted at each stage of diagnosis and treatment,

(ii) the views and will and preferences of the child shall be recorded and given due regard, and

(iii) regard shall be given to the age and maturity of the child;

(e) in so far as is practicable, that care and treatment shall be provided—

(i) in an age-appropriate environment, and

(ii) in close proximity to the child’s home or family, as appropriate;

(f) that the child shall receive the least intrusive treatment possible in the least restrictive environment practicable;

(g) that the welfare and dignity of the child, including the child’s right to privacy, bodily integrity and autonomy, shall be respected;

(h) that information shall be provided to the child and his or her parents or guardian in a manner that should reasonably be understood by the child.

(2) The requirement for a court to give due regard to the guiding principles in subsection (1) shall be in addition to the requirement under section 24 of the Act of 1991 for a court to regard the best interests of the child as the paramount consideration in the resolution of proceedings under this Act to which that provision applies.

(3) In so far as is practicable, a child and adolescent consultant psychiatrist shall carry out the functions of the consultant psychiatrist under Part 4 .