CAN I CHOOSE WHETHER TO BE ADMITTED OR NOT?

This depends on your age and whether or not
you are able to give consent.

Under 16 years old

•   You can ask for, and agree to an admission – if you are ‘Gillick competent’ – even if your parents don’t want this.

•   If you are not considered to be Gillick competent then your parents or guardian could admit you.

•   If you are Gillick competent your parents or guardians should not admit you against your will.

•   Social services can admit you (if you are under a care order).

•   By a Court Order – like a Children Act Secure Accommodation Order.

•   Under the Mental Health Act

Being Gillick Competent (Under 16s)

You are classed as "Gillick Competent" if the doctor responsible for your admission thinks that you:

1) Have the capacity to make the decision to be admitted and;

2) Have enough understanding to be able to make up your own mind about being admitted and the treatment or assessment it will involve.

Gillick competency can change over time: you can ask your doctor whether you are Gillick competent each time they suggest changing your treatment or giving you new treatment.

16 & 17 years old

The only ways you can be admitted or kept in hospital are by:

•   Agreeing to it yourself

•   The Mental Health Act

•   If you do not have capacity to decide the Mental Capacity Act could be used to admit you, or your parents could authorise your admission, or it might be necessary to get a Court Order.

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Initially funded by the Childrens Rights Alliance for England’s
Ready Steady Change Programme

Upgrade in 2008 funded by the National Institute for Mental Health in England
and the Department of Health

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