Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what steps the Government is taking to ensure that children and young people accessing inpatient mental health services and their families are aware of their rights and that those rights are always upheld.

The Mental Health Act’s Code of Practice (the Code) states that when making decisions in relation to the care and treatment of children and young people, practitioners should always consider the best interests of the child or young person.

The Code also states that hospital managers should ensure that staff providing children and young people with information about their rights (in accordance with section 132 of the Act which applies to patients of all ages) have sufficient knowledge and experience to be able to provide information to children.

When young people are formally detained under most sections of the Mental Health Act, they have a statutory right to an independent Mental Health Advocate (IMHAs) who will make sure that their rights are explained to them. Under the Health and Social Care Act 2012, local authorities must ensure that timely access to IMHAs is available and that IMHAs have appropriate training and skills to support the patient effectively including where a patient has particular needs.