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Mental Health Bill [HL]

Amendment No. 35 would ensure that the needs of any child under the age of 18, residing with a patient immediately prior to an application for the admission of that patient, are fully assessed and that the child is advised about the application process. Amendment No. 37 similarly seeks to ensure that the needs of any child under the age of 18, residing with a patient immediately prior to their admission to hospital following an application by the nearest relative, are fully assessed and that the child is advised about the application process. I pay tribute to YoungMinds, Barnardo’s and the NSPCC for the excellent work that they do with children who have mental health problems and the children of parents who have such problems. It is vital that the needs of children in the household are considered when an adult is assessed and detained under the Act and that children are given clear information, appropriate to their age and understanding, about their parent or carer's illness and treatment. As my noble friend Lady Gibson of Market Rasen informed us, many of the children whom we are talking about are themselves carers; it is extraordinary that children as young as five are acting in that role. However, there is already a legal framework to ensure that children’s needs are assessed and met. Section 17 of the Children Act 1989 places a duty on local authorities to promote the welfare of children within their area who are in need. Therefore, repeating this within the Bill would be duplication. The Framework for the Assessment of Children in Need and their Families outlines a framework for all those who work with children and their families to decide whether children are in need under the Children Act 1989 and how best to provide help. There are also duties under Section 10 and, particularly, Section 11 of the Children Act 2004, under the duty to make arrangements to ensure that functions are discharged having regard to the need to safeguard children, which are relevant to all agencies—health and local authority—that work with children or with adults who have children. The decision about whether to carry out an assessment under Section 17 of the Children Act 1989 should be based on the individual child and carer's situation. Work is already under way to increase the awareness of adult mental health practitioners about the needs of children in the household.