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Mental Health Bill [HL]

I am very much in sympathy with the amendments tabled by the noble Baroness, Lady Gibson. The needs of child carers are not often recognised in legislation. The Mental Health Bill as drafted provides no recognition of the needs of these young people. They are excluded, quite rightly, from the ability to act as the nearest relative for their parent and, as such, are therefore excluded from the right even to be informed that an application has been made in respect of the parent. The provisions on social reports in the Act provide no recognition of the need for a separate assessment to consider the needs of any children who may be affected by the application for compulsory treatment made in respect of their parent. The amendment, as the noble Baroness said, aims to deal with that omission by providing children living with people with mental health problems with specific rights under the Act. That is in line with standards 2 and 5 of the National Service Framework for Children, Young People and Maternity Services. Standard 2 states that collaborative arrangements should be in place between services for adults and services for children and families. I am sorry to say that there have long been problems of poor co-operation between adult and children’s services. Changes to services since Section 14 of the Mental Health Act was drawn up have not put right those stresses and strains. The recent introduction of children’s trusts under the Children Act 2004 has meant that adult services have effectively been split from children's services. These amendments would ensure co-operation between adult and children’s services and ensure that the needs of children, particularly young carers, who are affected by their parent’s illnesses, are not ignored. I hope that the Minister will be receptive.