Children will continue to be detained on adult mental health wardsunless the issue is addressed through legislation, campaigners havewarned.
The news follows the Government's rejection of calls to makeage-appropriate treatment for children treated against their willstatutory.
In March, the Parliamentary committee for the Draft Mental Health Billcalled on the Government to enshrine provision of child and adolescentaccommodation for under-18s in the law. It also said appropriatelyqualified staff should be required to participate in assessments and themental health tribunals that consider detained children's cases.
However, in its response to the report, the Government insisted that ifit makes age-appropriate provision statutory, children might not receivetreatment if child-specific care is not available.
It said that the issue would be addressed in guidance that accompaniesthe Bill, and provision would be influenced by protocols in thechildren's national service framework.
However, Nancy Kelley, senior policy officer for Barnardo's, said theissue had been "going round" for the last 20 years and would continue tounless it was made statutory. "The code of practice in 1983 asked forsensitivity around children's treatment. It hasn't worked because it'stoothless," she said.
She added that the national service framework was unlikely to havesufficient impact as its legal status was unclear.
The Government also rejected calls by the committee for a duty to ensure16- and 17-year-old patients, over the statutory age of schooling,receive appropriate educational provision.
Kelley pointed out that, under the Children Act 1989, local authoritieswere duty-bound to provide education and employment for children in careuntil they were 21. "It's unfair to say to one vulnerable group of youngpeople who don't live at home that we recognise your needs, and to sayto another that we're not going to. It's inconsistent and wrong."
In its response, the Government also made no explicit commitment toincluding the child welfare principle, linking the Bill to the ChildrenAct 2004, a measure campaigners say is crucial.
The measure would require clinicians to look beyond children's clinicalcare to ensuring their broader wellbeing, such as ensuring theireducational needs were met.
However, Kelley welcomed the Government's general acceptance that aframework of principles surrounding the rights of those undergoingcompulsory treatment should be included.
She said this represented acknowledgement by the Government of the valueof principles in protecting children's welfare.
- www.dh.gov.uk/assetRoot/04/11/52/68/04115268.pdf.
