Miss Carole Burrell1, Dr Siobhan McConnell2
1Northumbria University, Newcastle upon Tyne, United Kingdom, 2Northumbria University, Newcastle upon Tyne, United Kingdom
Biography:
Carole Burrell is an Associate Professor in the Law School, Northumbria University teaching and researching in the area of mental health law and practice. She is a practising solicitor and represents patients detained under the Mental Health Act 1983 in proceedings before the Mental Health Tribunal.
Dr Siobhan McConnell is an Assistant Solicitor in the Law School, Northumbria University. Siobhan's research focuses on legal education and employability. She leads Northumbria's Policy and Law Reform Clinic where students carry out research that aims to influence law reform
Abstract:
The Mental Health Act 1983 regulates the reception, care and treatment of mentally disordered children in England and Wales. Children who are detained under its provisions have the right to be provided with an explanation of their legal status and rights to apply to the Mental Health Tribunal for review of their detention. Steps should be taken to ensure the child understands the information.
In 2010, the Council of Europe issued ‘Guidelines on Child Friendly Justice’ developed as part of its comprehensive children’s rights strategy. The Guidelines highlight the importance of providing accurate and relevant information to support children’s active participation in judicial proceedings affecting them. A study of materials provided to detained children for this purpose uncovered noteworthy shortcomings with children being provided with inaccurate information lacking in legal validity and adherence to the Guidelines.
This presentation reports findings from the initial study of materials and the subsequent study which examined the extent to which detained children felt they can access valid, accurate, age-appropriate information relevant to their legal status. Participatory methods of research were used. The Diamond16 is a data collection method enabling participants to rank their views, experiential knowledge, and emotional responses thereby giving a voice to an under-researched group of children. The findings are relevant to the development of evidence-based resources to support the participation of detained children in Tribunal proceedings in a manner consistent with the Guidelines and the shifting legal landscape in which they find themselves.