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The law relating to the mental health care of children and young people aged under 18 (‘adolescents’) is renowned for its complexity. This is unsurprising given that in relation to admission to hospital and treatment for mental disorder, it raises issues of uncertainty such as the limits of the decision-making powers as between parents and their children and the developing law on deprivation of liberty. More widely, the provision of mental health services for this age group involves a range of differing agencies and engages a raft of legislation, case-law, regulations, codes of practice and policy guidance across the differing fields of law: mental health, mental capacity, community care, family and children’s rights.
This book seeks to demystify this area of law. It covers:
In drawing together the differing legal frameworks that might apply to adolescents with mental health needs, this book seeks to bridge a gap in the information currently available. To date, resources concerned with mental health and/or mental capacity law, tend to focus on adults while those concerned with children’s services rarely consider the specific issues for adolescents with mental health needs, or how legal frameworks, such as provisions for looked after children, interact with the MHA 1983.
In addition to providing a resource for legal advisers such as those providing legal representation before the mental health tribunal, this book is also designed to be accessible to non-lawyers including professionals working in children’s services and mental health services (adult as well as children and young people’s services).