C1C2PART IINTRODUCTORY

Annotations:
Modifications etc. (not altering text)

F1General provisions about patients under 16

Annotations:
Amendments (Textual)
F1

Arts. 3A-3D and cross-heading inserted (2.12.2019 for specified purposes) (but omit until "In-patients under 16: duties of hospital managers") by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2)

Determination of a patient's best interests3B

1

This Article applies where for any purpose of this Order it falls to a person to determine what treatment or care would be in the best interests of a patient (“C”) who is under 16.

2

In determining what would be in C's best interests, the person must take into account C's age but must not make the determination merely on the basis of—

a

C's age or appearance; or

b

any other characteristic of C's, including any condition that C has, which might lead others to make unjustified assumptions about what might be in C's best interests.

3

The person—

a

must consider all the relevant circumstances (that is, all the circumstances of which the person is aware which it is reasonable to regard as relevant); and

b

must in particular take the following steps.

4

The person—

a

must consider whether it is likely that C will, when he or she reaches the age of 16, have capacity in relation to the matter in question; and

b

if it appears likely that C will, must consider when C will reach that age.

5

The person must, so far as reasonably practicable—

a

encourage and help C to participate, or to improve C's ability to participate, as fully as possible in any decision about C's treatment or care; and

b

in particular, ensure that C is provided in an appropriate way with information and advice about the treatment or care.

6

The person must have special regard to (so far as they are reasonably ascertainable)—

a

C's past and present wishes and feelings (and, in particular, any relevant written statement made by C); and

b

C's beliefs and values.

7

The person must—

a

so far as it is practicable and appropriate to do so, consult the relevant people about what would be in C's best interests and in particular about the matters mentioned in paragraph (6); and

b

take into account the views of those people (so far as ascertained from that consultation or otherwise) about what would be in C's best interests and in particular about those matters.

For the definition of “the relevant people” see paragraph (9).

8

The person must, in relation to anything proposed to be done, have regard to whether the same purpose can be as effectively achieved in a way that is less restrictive of C's rights and freedoms of action.

9

In paragraph (7) “the relevant people” means—

a

every person who has parental responsibility for C;

b

C's nearest relative;

c

if at the time of the determination there is an independent advocate instructed to represent and provide support to C, the independent advocate;

d

any other person named by C as someone to be consulted on the matter in question or on matters of that kind;

e

anyone engaged in caring for C or interested in C's welfare.