Children in the First-Tier Tribunal (Mental Health): Is it ‘Child-Friendly Justice’?

Burrell, Carole (2019) Children in the First-Tier Tribunal (Mental Health): Is it ‘Child-Friendly Justice’? In: XXXVIth International Congress on Law and Mental Health, 21st - 26th July 2019, Rome, Italy.

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Abstract

In England, the Mental Health Act 1983 was applied more than a thousand times between 2017 and 2018 to authorise the detention of children (aged 17 years and under) for reasons associated with mental ill health. A detained child has legal rights including the right to challenge their detention by application to the Mental Health Tribunal and a successful challenge will end the child’s detention under the statutory provisions. With so much at stake, access to accurate, child appropriate information is essential to support detained children to understand how to enforce their legal rights and to participate in the Tribunal process. The importance of respecting and promoting the rights of children engaged in judicial proceedings is widely recognised with legally binding provisions and guidelines in place aimed at ensuring this. Nevertheless, the approaches being employed to provide detained children with key information concerning their status and their right of challenge before the Tribunal, may be falling short of delivering ‘child-friendly justice'.

Item Type: Conference or Workshop Item (Paper)
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Related URLs:
Depositing User: Paul Burns
Date Deposited: 12 Aug 2019 09:29
Last Modified: 10 Oct 2019 16:05
URI: http://nrl.northumbria.ac.uk/id/eprint/40304

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