Oireachtas Joint and Select Committees

Tuesday, 25 January 2022

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2021 (Resumed): Office of the Ombudsman for Children

Dr. Niall Muldoon:

I think the Deputy is talking about the same situation. He originally used the example of the eating disorder, which is hugely traumatic and invasive for the young person. He or she will have his or her beliefs and will stick by them. That will often mean that even if that young person weighs 7 stone, he or she will still not want to get help or will think that everything is okay. In these circumstances, as Dr. McAuley outlined there, the important thing is we give weight to his or her voice and listen to them, especially when they are aged between 16 and 17 years. At the same time, if it is a life or death scenario, the best interests may override that and it may be a situation in which we need to legally and medically take charge. That is not going to change. What has not happened before is that listening to the voice and the evolving capacity of the children and young people means the next time you have to make a decision about them it is going to be a bit easier because you have listened to them. You have said to them that you are listening to them but we are still going to make this decision, although next time, we may listen and do something different. Again, that creates a sense of hope within the child. It creates a sense of being heard and being recognised as an individual. The child will not like the answer but it creates an opportunity to build those relationships more strongly in the future.

At the moment, all it is is we are telling you that you are going in; that is all there is to it and there is no more about it. However, we are now trying to build legislation that ensures children's voices are heard as best as possible based on their capacity. However, it still does not override things - if it is a life-or-death scenario, as you would expect, it would not necessarily be the only answer. That is same in many decisions, not just ones that concern mental health or medical treatment. Children's voices and views are heard but other decisions can be made. When we talk about children's rights, we always say to children it does not guarantee that what they want will happen but it will be heard and it will be heard and explained if it goes in a different direction.

Does that help? Does that cover the Deputy's query?