Use of the Mental Health Act in children and young people with a intellectual disability

Abstract

PurposeIn this article, the aim is to focus on the legislation in place within England and Wales pertaining to the care and treatment of children and young people, but intends to give a brief outline of the equivalent law in Scotland. It seeks to describe how the age of a young person will determine which piece of legislation should be used to ensure an admission into an inpatient Child and Adolescent Mental Health Unit will be lawful. It also seeks to consider the role of those with parental responsibility in the decision‐making progress and discuss which components of a proposed treatment plan they would or would not be able to consent to on behalf of those children and young people in their care.Design/methodology/approachThe author searched the literature, relevant legislation and codes of practice for guidance on the care and treatment of children and adolescents with an intellectual disability.FindingsLegislation governing the admission and treatment of children and adolescents with an intellectual disability is complex. All clinicians working with those under the age of 18 should have knowledge of the relevant legislation to ensure that the rights of children and young people are upheld.Originality/valueThis article summarises the relevant guidance that is already available on the care and treatment of children and young people, but focuses on the needs of those with an intellectual disability.