Shedinar – the MCA and 16/17 year olds

In this shedinar, I look at the MCA and 16/17 year olds.  This is a complicated area, so this can serve only as an overview.  As I note in the video, the law in this area is evolving, and this represents the position as at the end of January 2021.   I will seek to do an updated shedinar in due course to keep abreast of the position.

For a (much more) detailed discussion of some of the aspects of mental capacity and medical treatment, see this discussion paper.   You may also want to watch this “in conversation” with Dr Camilla Parker which looks in much more detail at the concept of deprivation of liberty and 16/17 year olds.

Boring but necessary caveat: nothing in this constitutes legal advice.

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4 Replies to “Shedinar – the MCA and 16/17 year olds

  1. To clarify
    If a 16 year old had capacity and was refusing to give consent, then would we have to apply to high court and essentially force that YP’s deprivation of liberty? (Not for a mental health disorder)

    Also, when carrying out the “6 assessments” of a DOLS, I assume we need to assess if they have mental health disorder incase it would be more suitable to treat under the mental health act?

    Thank you for your brilliant talks!

    1. Glad you like them! If 16 year old has capacity and the MHA is not appropriate, then High Court inherent jurisdiction would be the only available option. As DoLS isn’t available in relation to those under 18, you’d not be carrying out these assessments, but you would no doubt be considering whether the appropriate route is the MHA.

      1. thank you! I have recently discovered this website and it is AMAZING. Please forgive me if I ask questions in the future – I am afraid I have a tendency to ask a lot!

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