109Application to Mental Health Tribunal for course of electroconvulsive treatment—young patient

109 Application to Mental Health Tribunal for course of electroconvulsive treatment—young patient

(1) An authorised psychiatrist may apply to the Mental Health Tribunal for an order authorising a course of electroconvulsive treatment on a young patient if—

(a) the young patient has personally given informed consent in writing to receiving the course of electroconvulsive treatment; or

(b) the young patient does not have capacity to give informed consent the course of electroconvulsive treatment and the authorised psychiatrist is satisfied that in the circumstances there is no less restrictive way for the young patient to be treated.

(2) In deciding whether there is a less restrictive way for the young patient to be treated, the authorised psychiatrist must have regard to the following—

S. 109(2)(a) substituted by No. 20/2023 s. 7.

(a) the young patient's views and preferences regarding electroconvulsive treatment, and any beneficial alternative treatment that is reasonably available, and the reasons for those views and preferences, including any recovery outcomes the young patient would like to achieve;

(b) any of the young patient's relevant views and preferences specified in their advance statement of preferences (if any);

(c) any of the young patient's relevant views and preferences expressed by the young patient's nominated support person;

(d) if the authorised psychiatrist is satisfied that decision will directly affect the carer and the care relationship, the views of the young patient's carer;

(e) if the young patient is under the age of 16 years, the views of the young patient's parent;

(f) if the DFFH Secretary has parental responsibility for the young patient under a relevant child protection order, the views of that Secretary;

(g) whether the electroconvulsive treatment is likely to remedy or lessen the symptoms of mental illness;

(h) the likely consequences for the young patient if the electroconvulsive treatment is not administered;

(i) any psychiatric opinion given by another psychiatrist that has been given to the authorised psychiatrist making the application.

(3) An authorised psychiatrist may make a further application under subsection (1) during or after the course of electroconvulsive treatment.