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Mental health care for children under the age of 16
is based on parental consent. This means both that
the admission is considered voluntary regardless
of the child’s opinion, and that use of force by clinic
staff will in many cases be registered as voluntary
because it will be based on parental consent. The fact
that admissions based on the consent of the parents
and not the child are registered as voluntary raises a
number of ethical and treatment-related challenges.
The Convention on the Rights of the Child states in
Article 12 that children have the right to express their
views and to be heard, and that their views shall be
given due weight in accordance with their age and
maturity. The Children Act states that children’s opinions shall be heard from the age of seven. The Patient
and Users Rights Act states that children should be
allowed to express their opinion on matters relating
to their own health from the age of 12. Nevertheless,
children aged between 12 and 16 can be admitted
to inpatient institutions against their will. The Act
does not entitle young people aged between 12 and
16 to be heard in connection with mental health
care admissions. The fact that the principles of the
Convention on the Rights of the Child have not been
incorporated into the Act creates a risk that the child’s
case will not to a sufficient extent be considered in
relation to the strict conditions stipulated to protect
personal integrity.
At the same time, the visit left the impression that the
clinic manages the admission issue well and applies
discretion within the legal framework.
These decisions are stored in electronic patient
records, which also contain separate record entries
stating the grounds for each individual decision. The
grounds are not stated in the decisions themselves.
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2016
The clinic management was not sure whether the
patients routinely received the written grounds for
the administrative decision (the patient record note)
together with the decision.
In cases concerning young people under the child
welfare service's care, it is the head of the relevant
municipality's child welfare service who is responsible for giving consent to admission. In the clinic's
experience, none of the heads of the municipal child
welfare services in Ahus’s catchment area have an
out-of-hours duty phone, which means that they can
only be reached during ordinary working hours. This
has occasionally caused problems in connection
with emergency admissions in the evening or during
weekends, when the clinic has lacked formal consent
to the admission until the next working day. This
gives cause for concern, since in reality it means that
a patient can be admitted for up to two and a half
days without a lawfully made administrative decision.
The clinic had furnished a special room with a
medicine table and four chairs bolted to the floor for
use in connection with forced nutrition. The room also
contained a padded restraint for the chair that was
sometimes used. It was secured across the patient’s
thighs to make it more difficult for him or her to use
his/her legs to resist. This raises the question of
whether the chair, in cases where this padded restraint
is used, is to be considered a coercive measure that
an administrative decision for short-term holding
will not cover.
After the visit
The visit report was published in December 2016,
and the Parliamentary Ombudsman has asked to
be informed about the follow-up of the report's
recommendations in March 2017.
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