Oireachtas Joint and Select Committees

Wednesday, 29 May 2019

Joint Oireachtas Committee on Health

Developments in Mental Health Services: Discussion

Ms Kate Mitchell:

Dr. McDaid has pointed out the main provisions. I would also stress the importance of placing individual care and recovery planning on a statutory basis. People should have a legal right to that kind of care and recovery planning. The legislation should contain specific children and youth principles, so that there is particular consideration for the voice of the child, with children and young people being involved in decisions about their care and treatment. We specifically need to address the issue of age of consent when young people go into hospital for mental health care and treatment. Currently 16 and 17 year olds are not presumed to have capacity to give consent to admission or treatment. It is really the only area of the health sector where that exists. In every other area of the health sector, 16 and 17 year olds have a legal right to consent to their healthcare. That area also needs to be updated urgently.