Law Society Says Law Should Be Reformed To Allow 16 & 17 Year Olds To Consent To Mental Health Care.

Wednesday, 14 July 2021 12:09

It says, "in this regard, a 17-year-old teenager effectively has the same rights as a seven-year-old child.

A report by a specialist committee of the Law Society finds that children aged 16 and 17 years should be presumed to have capacity to consent to or refuse admission and treatment for mental health care.

The society has warned that continued delays to reform the Mental Health Act 2001 means that “if a child actively resists detention for mental health care or treatment, even if they have the capacity to consent and voice objection, they can be detained with the consent of their parents. In this regard, a 17-year-old teenager effectively has the same rights as a seven-year-old child.”

"Under the current Mental Health Act, no consideration is made for the evolving capacity and maturity of a child. Regardless of age, a person under 18 years can be deemed a voluntary patient if consent is provided by their parents. In reality, this means that when it comes to mental health care and treatment, a 17-year-old teenager effectively has the same rights as a seven-year-old child.”

Ireland's #mentalhealth law needs reform to protect the rights of children and the most vulnerable in our Society. See why we're taking a stand on this issue here: https://t.co/7xZlWhavIK pic.twitter.com/uFFfu0rpny
— Law Society Ireland (@LawSocIreland) July 14, 2021

Chairperson of the Law Society’s Mental Health Law and Capacity Task Force, Áine Hynes, Senior Counsel, joined Clem Ryan on Wednesday's edition of Kildare Today.