Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps his Department is taking to involve children and young people in decisions regarding their care and treatment when in hospital relating to their mental health.

All children and young people admitted to Child and Adolescent Mental Health Services Tier 4, both detained and voluntary patients, must have a care and treatment plan produced in collaboration with the young person, which represents their goals, wishes and feelings.

For those detained under the Mental Health Act when in hospital, several policies in the draft Mental Health Bill are designed to give greater autonomy to children and young people, where they are well enough and have the capacity and competence to make decisions themselves.

These reforms would place greater requirements on clinicians to consult with people close to the patient, such as the parent, in relation to care and treatment decisions and ensure that the patient’s wishes and preferences, beliefs and values are more central to clinical decision making.

The reforms would also enable a greater level of support and representation for children and young people, who would be able to choose their own nominated person to support and represent them. The right to an Independent Mental Health Advocate would also be expanded to all mental health inpatients, including voluntary patients, a significant proportion of whom are children and young people.

The draft Mental Health Bill has concluded the pre-legislative scrutiny process, and the Joint Committee on the Draft Mental Health Bill published its report in January 2023. The Government will respond in due course.