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Written question asked by David Hinchliffe (Labour) on Monday, 15 March 2004, in the House of Commons. It was due for an answer on Tuesday, 30 March 2004. It was answered by Baroness Winterton of Doncaster (Labour) on Tuesday, 30 March 2004 on behalf of the Department of Health.

Dept of Health

Question
To ask the Secretary of State for Health, how he plans to empower children meeting the criteria set out by the House of Lords in Gillick v West Norfolk and Wisbech Area Health Authority in 1986 to consent to or refuse treatment to the same extent as an adult in the planned Mental Health Bill; and if he will make a statement; if he will introduce a legal duty on the managers of hospitals to secure (a) assessment of and (b) provision in the care plan for the family needs of a patient with parental responsibility made subject to compulsory mental health powers; and if he will make a statement; if he will bring forward a requirement in the draft Mental Health Bill that the clinical supervisor of a child subject to mental health law must be a specialist in child and adolescent mental health; whether he intends to incorporate into the planned Mental Health Bill the rights expressed in article 25 of the United Nations Convention on the Rights of the Child of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health to a periodic review of (a) the treatment provided to the child and (b) all other circumstances relating to his or her placement.
Answer

Mr. Hinchliffe: To ask the Secretary of State for Health (1) how he plans to empower children meeting the criteria set out by the House of Lords in Gillick v. West Norfolk and Wisbech Area Health Authority in 1986 to consent to or refuse treatment to the same extent as an adult in the planned Mental Health Bill; and if he will make a statement; [162320] (2) if he will introduce a legal duty on the managers of hospitals to secure (a) assessment of and (b) provision in the care plan for the family needs of a patient with parental responsibility made subject to compulsory mental health powers; and if he will make a statement; [162321] (3) if he will bring forward a requirement in the draft Mental Health Bill that the clinical supervisor of a child subject to mental health law must be a specialist in child and adolescent mental health; [162322] (4) whether he intends to incorporate into the planned Mental Health Bill the rights expressed in article 25 of the United Nations Convention on the Rights of the Child of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health to a periodic review of (a) the treatment provided to the child and (b) all other circumstances relating to his or her placement. [162323] Ms Rosie Winterton: The Mental Health Bill Consultation Document, Cm. 5538-111, published in June 2002 contained a number of specific consultation questions on protecting children and young people with serious mental disorder. We have been considering carefully the responses to the consultation and further points raised at a recent meeting with stakeholders specifically looking at proposals for children and young people. A revised and completed Mental Health Bill will be brought forward for pre-legislative scrutiny this session.

Secondary information

Type
Written question
Reference
419 c1371-2W;419 c1373-4W; 162320;162321;162322;162323
Session
2003-04
Subjects
Children Consent to medical treatment Children's rights Medical treatments Protection Mental health services Young people
Legislation
Draft Mental Health Bill (2002)
Link
View this Written question on www.publications.parliament.uk