Thomas Gould
Question:1196. Deputy Thomas Gould asked the Minister for Health the process for the involuntary admission of a child on the grounds of mental health crisis. [10366/26]
View answerTuesday, 10 February 2026
Questions (1196)
Written answers
The Mental Health Act 2001, which was fully commenced in 2006, is the key piece of legislation currently in place regarding the rights of people, including children, involuntarily detained and treated in approved centres. The key principle of the 2001 Act is the ‘best interests’ of the patient.
In relation to the involuntary admission of children, Section 25 of the 2001 Act provides for involuntary admission of children through application and hearing by the District Court.
The first step of the process is for the HSE to make an application to the District Court where a child is believed to be suffering from a mental disorder and requires treatment that they are unlikely to receive in the community. The child must first be examined by a consultant psychiatrist, who will furnish the results of their examination to the Court for consideration.
Where the parent(s)/guardian of the child refuse to consent to the examination of the child, or they cannot be found, the HSE may make an application to the Court without any prior examination of the child by a consultant psychiatrist and if the Court is satisfied that the child may be suffering from a mental disorder, the Court will direct the HSE to arrange the examination by the consultant psychiatrist and furnish the Court with the results.
If the Court is satisfied following consideration of the consultant psychiatrist’s report that the child is suffering from a mental disorder, an order is made for the admission and treatment of the child in a specified approved centre for up to 21 days.
The Act also permits the renewal of admission orders for children for a further period of up to 3 months (and further periods of up to 6 months thereafter) following further application and examination by a consultant psychiatrist and another hearing by the District Court.
The 2001 Act contains a number of additional safeguards, such as the Inspector of Mental Health Services, who inspects all approved centres at least once a year for compliance with the Act and Regulations made thereunder, and the making of Rules regarding the use of seclusion and restraint.
Considering the developments in mental health policy and services over the past two decades, the 2001 Act does not fully reflect our approach to mental health services now, such as the shift towards community-based services, the adoption of a recovery approach in service delivery and the involvement of service users as partners in their own care and in the development of the services.
The Mental Health Bill 2024, which will replace the 2001 Act, includes a standalone part for children as recommended by the 2015 Expert Group Review of the 2001 Act, and similar to the 2001 Act, the new Bill provides for the involuntary admission of children through application and hearing by the Family District Court.
Part 4 of the Bill is dedicated to the care and treatment of children and young people in an inpatient setting. The Bill provides for the presumption of capacity for young people aged 16 and 17 years to consent to or refuse admission and treatment to inpatient mental health services.
The Bill strengthens the safeguards provided to adults and children involuntarily admitted to mental health services, modernises provisions related to consent to treatment and provides enhanced safeguards for those accessing inpatient treatment.
The Mental Health Bill completed its passage through the Dáil in July 2025 and I was delighted to complete Committee Stage in the Seanad last month, following robust debate with Senators. I look forward to bringing the Bill to Report Stage in the Seanad in March, where final amendments to the Bill will be introduced. These will include further amendments in relation to the Child Care Act 1991, transitional provisions to provide a legal basis for the transition from the existing 2001 Act regime to the 2024 Bill regime, as well as further amendments arising from Committee Stage.