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Mental Health Act Code of Practice: Consent of 16- and 17-year-olds to admission and treatment

  • Andrew Parkin (a1)
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The revised Code of Practice to the Mental Health Act 1983 (England and Wales) was published on 1 March 1999 (Department of Health & Welsh Office, 1999), and came into force on 1 April 1999. This code of practice replaces the previous one (Department of Health & Welsh Office, 1993) in providing guidance to professionals undertaking duties under the Mental Health Act 1983. The Mental Health Act uses the term ‘patient’ irrespective of age. However, Section 10 (2) of the Act sets out the right of 16– and 17–year-old people to determine their own admission. Section 10 states:

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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Black, D., Wolkind, S. & Hendriks, J. H. (eds) (1991) Child Psychiatry and the Law (2nd edn). London: Gaskell.
Dent, H. & Flin, R. H. (1992) Children as Witnesses. Chichester: Wiley.
Department of Health & Welsh Office (1993) Code of Practice to the Mental Health Act 1983 (Pursuant to Section 118 of the Act). London: HMSO.
Department of Health & Welsh Office (1999) Code of Practice to the Mental Health Act 1983 (Pursuant to Section 118 of the Act). London: The Stationery Office.
Hoggett, B. (1984) Mental Health Law (Second Edition). London: Sweet & Maxwell.
Spencer, J. R. & Fun, R. H. (1990) The Evidence of Children. London: Blackstone.
Weithorn, L. A. & Campbell, S. B. (1982) The competency of children and adolescents to make informed treatment decisions. Child Development 53, 1589 1598.
Gillick v. West Norfolk and Wisbech Health Authority (1986) I AC 112, HL.
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BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
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Mental Health Act Code of Practice: Consent of 16- and 17-year-olds to admission and treatment

  • Andrew Parkin (a1)
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