Source · Select Committees · Human Rights (Joint Committee)
Recommendation 14
14
Not Addressed
We agree with submissions made to us that the Mental Health Bill could and should...
Recommendation
We agree with submissions made to us that the Mental Health Bill could and should do more to protect against children being placed on adult wards. The Bill should be amended to include a requirement that a child should not be placed on an adult ward unless that placement is demonstrably in the child’s best interests. We propose an amendment to this effect (see Appendix). The Bill should also go further than a review of current notification requirements. It should require the provider to notify the CQC within 24 hours of any child being placed on an adult ward (see Appendix). (Recommendation, Paragraph 94)
Government response summary AI-generated
The government's response discusses an amendment related to the application of the Human Rights Act to private providers, without addressing the specific recommendation to amend the Bill to prevent children from being placed on adult wards unless demonstrably in their best interests and to require 24-hour CQC notification.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Not Addressed
HM Government · verbatim extract
Not Addressed
The MHA already includes provisions regarding placing children on adult wards. It is clear that hospital managers must ensure that patients aged under 18 admitted to hospital for mental disorder are accommodated in an environment that is suitable for their age (subject to their needs). These circumstances require careful consideration and nuance. Further guidance, will be set out in the revised Code of Practice (subject to consultation), and this will include guidance on how to determine the circumstances in which it is in a young persons’ best interest to be treated in an adult ward. It is important that the legislation retains sufficient flexibility for individual circumstances, and emergency situations. Currently, it is a legislative requirement to notify the CQC if a child is placed on an adult ward for longer than 48 hours. As the Committee are aware, in the House of Lords, we amended the Bill to introduce a statutory commitment to review whether regulations should be extended to require notification to CQC in relation to other incidents where a child in hospital is being treated or assessed in relation to mental disorder, and whether the 48-hour time period remains appropriate. A report of findings will be published in Parliament within two years of the Bill being passed. Whilst we welcome the Committee’s view, we think it is important that we test options with a range of stakeholders.
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