DMH 197 Xpress Advocacy
SOUTH EAST ADVOCACY PROJECTS
XPRESS ADVOCACY
28 October 2004
Re: Response to the Mental
Health Bill 2004
Xpress Advocacy Service is a
project working to the executive committee of South East Advocacy
Projects, a registered charity No1080679.
Xpress is an independent and
confidential advocacy service for children and young people aged
8 - 21 years. Xpress has a contract with the local authority
to provide independent advocacy and an independent visitor service
to looked after children in East Sussex. We would like to make
the following comments, however due to the time constraints regarding
the consultation period of the Bill we have been limited in what
we have been able to cover.
Definition
The definition of mental disorder
- 'an impairment of or a disturbance on the functioning of the
mind or brain resulting from any disability or disorder of the
mind or brain.' The definition needs to be set against the conditions
for compulsion. The conditions include the treatment of the 'dangerous
patient'; the distinction between the adult and young person's,
as a 'dangerous patient' and ' best interest' may be lost by
the general public and the media. Because of the definition being
so broad and the widening of treatment being both hospital and
community based Xpress feels more young people could fall within
the scope of compulsion under this bill.
Consent to treatment
Xpress is fully supportive that
young people have the same rights as adults however is concerned
that this is limited to 16 -17 year olds regarding consenting
and refusing treatment.
Under 16 years a child or young
person can only be treated if parental consent is given, this
can also be obtained from any one who holds parental responsibility
for the maximum of 28 days, thereon after treatment can only be
authorised by a Mental Health Tribunal. Any disputes between parents
and children regarding consent should become the Tribunals responsibility,
this should help to eliminate all forms of abusive form parents
and act as another safeguard.
Nominated person
Children and young people will
have the right to an authorised Nominated person of their choice
providing the person is suitable, they will also have the right
to a specialist advocate and to challenge their treatment through
the Mental Health Tribunal in the first 28 days, only once, this
seems extremely restrictive.
It seems that it would be more
beneficial for the service user if the advocate and or the Nominated
person was appointed at the initial stage.
Gaps
There is a lack of continuity
regarding Under 16's within the legislation:
- Children and young people
have the right to refuse physical treatment via Gillick competency;
there is no reference to this within the Bill.
- Children Act 1989 gives
the right of assessment regarding social need therefore this should
be taken into consideration when assessing children and young
people.
- If Children and young people
are detained under the Mental Health Act what happens to their
education?
There is no mention of:
- Professionals working with
children / young people being subject to CRB checks and should
be children / young people specialists this should also include
the specialist advocate.
- Where children and young
people have special requirements e.g., language needs, learning
disabilities, or physical disabilities; professionals should have
access to specialist skills /tools.
- Where the MHT (Mental Health
Tribunal) is refusing children / young peoples wishes, there must
be a rationale for the decision that is acceptable to the service
user.
Concerns that young people will
feel deterred from seeking help re: depression, suicide, bullying
and sexuality; they may feel due to the breath of he definition
and the widening of treatment they will be held under the new
Act and forced to take medication and could be detained indefinitely.
Ros Starling
County Manager
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