Child Friendly Justice in Mental Health Settings

The Mental Health Act 1983 regulates the ‘reception, care and treatment of mentally disordered patients’ 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 their right to apply for review of their continued detention. 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 previous study of materials provided to detained children for this purpose uncovered noteworthy shortcomings and lack of adherence to the Guidelines. This presentation reports findings from a subsequent study examining the extent to which detained children felt they could access accurate, age appropriate information relevant to their status through the adoption of participatory methods of research. The Diamond16 data collection method was adopted which enables 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.