Dáil Éireann Debate, Tuesday - 30 April 2024
712. Deputy Francis Noel Duffy asked the Minister for Health if one parent can give consent allowing for a child to attend therapy; what is the situation if one parent does not want to give consent and the other does; and if he will make a statement on the matter. [19279/24]
Amharc ar fhreagraSection 23 of the Non-Fatal Offences Against the Person Act 1997 states that young people aged 16- and 17-years of age can consent to treatment without the consent of their parent(s) or guardian(s). In relation to young people who have a 'mental disorder' within the meaning of the Mental Health Act 2001, consent to treatment must be given by a parent or guardian for all children and young people under 18 years of age. This discrepancy will be addressed in the forthcoming Mental Health Bill which will allow young people to consent to inpatient mental health treatment on the same basis as consent to physical health.
In relation to services provided by the HSE, the HSE's National Consent Policy sets out the requirements to consent to treatment across the health service. It can be found here: assets.hse.ie/media/documents/ncr/HSE_Consent_Policy_2022_v1.2_-_Jan_2024.pdf.
Where services are being accessed privately, each service provider should have its own consent policy which children accessing services and their parents should consult.
Where a child is under 16 years of age, has a 'mental disorder' within the meaning of the Mental Health Act, 2001 or where the child lacks capacity, consent to treatment must be granted by the parent(s) or guardian(s) of the child.
Consent from one parent or guardian is sufficient where there is an urgent need for treatment and/or where the wishes of the other parent or guardian are not known or unavailable. Where the views of both parents or guardians are known, and there is disagreement about consenting to treatment on behalf of their child, then generally treatment should not be administered until an agreement has been reached.
In all matters relating to the care and treatment of children, the best interests of the child is and must be the paramount consideration. Therefore, there is a responsibility on parents and guardians where there is a disagreement to find a resolution and ensure the best interests of the child are upheld. In exceptional circumstances, and where an agreement cannot be reached, recourse can be sought through mediation or through the Court.
