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Here is a quick initial thread on my initial reflections on Gov’s Reforming the #MentalHealth Act White Paper in terms of rights and protections for children and young people (CYP): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/951398/mental-health-act-white-paper-web-accessible.pdf 
Very welcome to see new and more progressive new guiding principles on face of the Act (MHA) and within the Code of Practice (CoP) - although learning from implementation of #CareAct means we must ensure a gulf isn't created between statutory principles & legal / lived realities
Important that rights to decision making and consent to treatment will be extended to CYP themselves, and that the protections will be extended to all ages - and that independent #advocacy will be extended to informal patients
Vital step forward in rights for CYP that they will be able to chose their own Nominated Person (with the parent or guardian being the INP) - this being the case for 16 / 17 year olds, and under 16 year olds dependent on Gillick competence #CRC
...as does the Government's acceptance that parental consent should not be the basis for mental heal admissions - following independent review's recs, and judgement of the Supreme Court in matter of D (A Child)
Clarification of using Mental Capacity Act (MCA) test for 16/17 year olds (following 2019 amendment Act) provides clearer basis for competency / capacity in decision making and consent to treatment - as does the MCA functional test to be used for capacity of ↓ 16 year olds...
That said, do not agree that these matters are solely for the CoP, as they are fundamental to children’s rights under the MHA - there needs to be a question in the White Paper and to be explored through the drafting and progression of the Bill in Parliament.
White Paper seems to find balance in rights of those with parental responsibility over the child or young person, proposing that if the are not NP, they can be informed and consulted about decisions and consent to treatment.
Important change for CYP with #autism and/or LD who are at risk of being detained in MH units - new statutory basis of CTRs and CETRs will require justification from clinicians for detention and a new duty on the NHS & local authorities to provide community based services...
... frustrating the same duty to provide preventative and community based provision for CYP with MH conditions is not included, as this would build greater capacity outside of inpatient care and reduce need for CYP MHA detentions.
On this note, welcome previously announced investment in crisis, community and school-based mental health services for CYP, however FYFV, NHS LTP does not account for significant change and ↑ in need during / post-COVID so new £ and workforce modelling surely required.
Brief mention of the Mental Health Units (Use of Force) Act ( #senislaw) - with long delays on statutory guidance and implementation, ongoing concerns about #racism and use of restrictive practices (including #coercion and #restraint) this is deeply worrying...
... any reform of #MHA must now incorporate and build on #senislaw - remember that these cultures, approaches and methods remain traumatic, coercive, inhuman, degrading and torturous for many of the people who are subject to them, and it is time for substantive reform.
