Amendment: Mental Health Bill [Lords]: Schedule 2 - Nominated persons
Amendment proposed: 41, in schedule 2, page 77, line 21, at end insert—
“(3) Where the patient has not yet reached the age of 16 (the ‘child patient’), the nominated person must be a person with parental responsibility for the child patient, unless the factors set out in sub-paragraph (4) below apply.
(4) A person who has parental responsibility for a patient under the age of 16 (‘the parent’) must not be the nominated person if—
(a) the parent is subject to a prohibited steps order under section 8 of the Children Act 1989;
(b) a local authority is taking action under section 47(8) of the Children Act 1989 to safeguard the child patient or otherwise protect the child patient’s welfare due to concerns about the parent; or
(c) the local authority has made enquiries under section 47(1) of the Children Act 1989 and concluded that the child patient is suffering, or is likely to suffer, harm at the hands of the parent (within the meaning of section 31(9) and (10) of that Act).”—(Dr Luke Evans.)