ABSTRACT
Care and treatment decisions affecting children and young people can often be complex, and it is essential that health professionals understand the different statutory frameworks within which they work. During the last few years there have been several changes to the law affecting children and young people. There have been amendments to the Children Act 1989 and the Mental Health Act 1983, and the main provisions in the Mental Capacity Act 2005 apply to 16-and 17-year-olds. There have also been amendments to the Domestic Violence, Crime and Victims Act 2004. It is crucially important that changes to the law affecting the care and treatment of children and adolescents who are suicidal or self-harming are understood by health professionals and other adults who work with these young people. This chapter is intended to provide guidance to health professionals about legal issues affecting the care and treatment of young people who self-harm. It clarifies the law, and offers practical guidance on dealing with common difficulties that arise on a day-to-day basis. These include dilemmas related to confidentiality, consent and refusal. For the purpose of this chapter, the term treatment refers to paediatric, psychiatric, psychological and psychotherapeutic interventions. It is necessary for readers to consider the range of issues set out in this chapter in order to understand how the various legal frameworks combine. Some professionals, such as nurses and doctors, have responsibilities that are enshrined within their duties of care and codes of professional practice. All are required to ensure that children and young people are kept safe. Health professionals practise in a culture of litigation and their duty to care must be brokered with a wider responsibility to enable children to reach their fullest potential (Department for Education and Skills 2003).
