Dr. Imelda Whyte:

On that specific question, I am a consultant child and adolescent psychiatrist. The provisions proposed in the new Bill that relate specifically to the child component are robust. It is quite different from the adult part. As it stands, and it was part of our submission on behalf of the college, a guardianad litemwould be appointed to the young person. There is also provision for legal representation in that a solicitor would be appointed as well. In the actual day-to-day operation of the Act, the young person's voice is communicated to the judge through the guardianad litemand parents are also offered legal representation in those situations.

A young person who is willing to be admitted to hospital but whose parents are not in agreement is something that happens regularly enough. I work in an inpatient unit and we are on the receiving end of these situations. As our colleague from the IASW suggests, the first option is to try to work with the family to see if we can support them in some way in their decision-making to ensure that their child receives the most appropriate care. Sometimes, when the family meets with the inpatient team, their concerns and fears might be reduced, they might feel that the care is appropriate and they will give it a trial for whatever period to see if it will help their young person.

It is also the case that we are ethically and professionally bound, if there is a young person who has a mental illness who is not going to recover or receive the treatment he or she requires in the community, and it is incumbent upon us, to use the Act in that regard. Sometimes, the use of the Act can take it away from the family. Instead of a young person, and we sometimes see an adult too, stating that a family put him or her in hospital and consented for him or her to come in, there is a judge, somebody who is quite separate in the District Court, who listens to all the evidence and then makes a decision. That can work quite well for families. There is a lot of strength in the Act but it is only used as a last resort when required.