Mental Health Act 2001

F9 [ Guiding principles in respect of children.

4A

4A. ... ]

Annotations:

Amendments:

F9

Inserted by Mental Health (Amendment) Act 2018 (10/2018), s. 4, not commenced as of date of revision.

Modifications (not altering text):

C6

Prospective affecting provision: section inserted by Mental Health (Amendment) Act 2018 (10/2018), s. 4, not commenced as of date of revision.

F9 [ 4A. (1) In making a decision under this Act concerning the care or treatment of a child (including the making of a specific application under section 25(1) and a decision of the Court to make an order under section 25(6) authorising the detention of a child in an approved centre), the best interests of the child shall be the paramount consideration.

(2) Notwithstanding the generality of subsection (1) , in making a decision under this Act concerning the care or treatment of a child (including the making of a specific application under section 25(1) and a decision of the Court to make an order under section 25(6) authorising the detention of a child in an approved centre), due regard shall also be given to the following principles (in this Act referred to as guiding principles ), namely the need

( a ) for every child to have access to health services that have as the aim of those services, the delivery of the highest attainable standard of child mental health,

( b ) in the case of a child who is capable of forming his or her own views, to consult, where practicable, the child at each stage of diagnosis and treatment and give due weight to

(i) his or her views, and

(ii) his or her will or preferences,

having regard to the age and maturity of that child,

( c ) in so far as is practicable, to provide care and treatment

(i) in an age-appropriate environment, and

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

( d ) for the child to receive the least intrusive treatment possible in the least restrictive environment practicable, and

( e ) to respect the right of the child to dignity, bodily integrity, privacy and autonomy. ]

Editorial Notes:

E4

The section heading is taken from the amending section in the absence of one included in the amendment.