stated intention to extend the disregard provision in Article 10 of the Mental Health (Northern Ireland) Order 1986 this extension of the disregard provision for children and young people of any age is not included in Schedule 8 of the Bill. The obligation to declare periods of detention for treatment for a mental illness has a significant adverse impact on children and young people in terms of their life chances and ability to access opportunities in the same way as children and young people who have never been detained for treatment for a mental illness. NICCY believes that it is vital that the stigmatising impact of the obligation to declare periods of detention for treatment for a mental illness is negated through the extension of the disregard provision to all children and young people under 18 and that this should apply retrospectively to everyone detained for treatment of a mental illness in childhood. It is unclear why the extension of the disregard provision in Article 10 of the Mental Health (Northern Ireland) Order 1986 has not been included in the Bill however NICCY understands that the DHSSPS is currently seeking legal advice regarding the legislative competence of the Northern Assembly in relation to some of the pieces of legislation this provision will impact upon. Pending the outcome of this advice, NICCY would urge the DHSSPS to extend the disregard provision to include periods of detention for treatment for all children and young people under 18 and to apply this retrospectively to everyone detained for treatment of a mental illness in childhood. NICCY believes that this is a vital safeguard to ensure that everyone who has been detained for treatment for a mental illness in childhood is not discriminated against and is able to access the full range of lifetime opportunities and chances as all other children. 11.2 Access to Education In its consultation on proposals for the Mental Capacity Bill in 2014, the DHSSPS stated that it was considering access to educational provision for children and people. It is extremely disappointing that neither the Mental Capacity Bill nor the amendments to the Mental Health (Northern Ireland) Order 1986 contain any education clauses for children and young people. NICCY recommends that amendments are made to both pieces of legislation to contain strong education provisions that oblige the Department to ensure that children and young people have equal access to the same educational provision as their peers who are educated in schools, colleges or elsewhere. The Bamford Review highlighted the right of children to, access to a practical and effective education” “...have
stated intention to extend the disregard provision in Article 10 of the Mental Health (Northern Ireland) Order 1986 this extension of the disregard provision for children and young people of any age is not included in Schedule 8 of the Bill. The obligation to declare periods of detention for treatment for a mental illness has a significant adverse impact on children and young people in terms of their life chances and ability to access opportunities in the same way as children and young people who have never been detained for treatment for a mental illness. NICCY believes that it is vital that the stigmatising impact of the obligation to declare periods of detention for treatment for a mental illness is negated through the extension of the disregard provision to all children and young people under 18 and that this should apply retrospectively to everyone detained for treatment of a mental illness in childhood. It is unclear why the extension of the disregard provision in Article 10 of the Mental Health (Northern Ireland) Order 1986 has not been included in the Bill however NICCY understands that the DHSSPS is currently seeking legal advice regarding the legislative competence of the Northern Assembly in relation to some of the pieces of legislation this provision will impact upon. Pending the outcome of this advice, NICCY would urge the DHSSPS to extend the disregard provision to include periods of detention for treatment for all children and young people under 18 and to apply this retrospectively to everyone detained for treatment of a mental illness in childhood. NICCY believes that this is a vital safeguard to ensure that everyone who has been detained for treatment for a mental illness in childhood is not discriminated against and is able to access the full range of lifetime opportunities and chances as all other children. 11.2 Access to Education In its consultation on proposals for the Mental Capacity Bill in 2014, the DHSSPS stated that it was considering access to educational provision for children and people. It is extremely disappointing that neither the Mental Capacity Bill nor the amendments to the Mental Health (Northern Ireland) Order 1986 contain any education clauses for children and young people. NICCY recommends that amendments are made to both pieces of legislation to contain strong education provisions that oblige the Department to ensure that children and young people have equal access to the same educational provision as their peers who are educated in schools, colleges or elsewhere. The Bamford Review highlighted the right of children to, “...have access to a practical and effective education”
niccy-written-evidence-to-the-ad-hoc-joint-committee-on-the-mental-capacity-bill-31-july-2015.docx