These notes and accompanying materials seek to assist those providing training to mental health professionals on the legal framework for the care and treatment of children and young people with severe mental disorders who may require specialist mental health care, such as admission to hospital.
Why are these materials needed?
It is vital that mental health professionals working with children and young people are able to understand and apply the law relating to their care and treatment. The Code of Practice to the Mental Health Act 1983 (‘the MHA Code') notes that the legal framework governing the admission to hospital and treatment of children and young people is complex. The complexity is due to the wide range of relevant legislation such as the Mental Health Act 1983, the Mental Capacity Act 2005 and the Children Act 1989. These training materials provide an explanation of the scope, purpose and interrelationship of the relevant legislation in order to help mental health professionals become more familiar with the legal framework for the mental health care of children and young people and therefore more confident in applying the relevant law.
These materials explain this legal framework in the light of the changes introduced by the Mental Health Act 2007 (which amended the Mental Health Act 1983) and guidance in the MHA Code. They seek to show how these changes relate to children and young people. Particular attention is given to Chapter 36 (Children and young people under the age of 18) which includes new terms such as the ‘zone of parental control'.