CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 191 Restrictions on special assessment of children and young people

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 191

(1)     An assessor may not undertake a special assessment of a child or young person if—

        (a)     the assessor reasonably believes that the child or young person has the maturity to make a reasoned decision about whether to consent to the assessment; and

        (b)     the child or young person refuses to consent to the assessment.

(2)     If a proposed special assessment of a child or young person involves—

        (a)     penetration of a body cavity other than an ear, the nose or the mouth; or

        (b)     penetration of the skin, including by way of injection;

the assessment may not be undertaken unless a person with parental responsibility consents to the assessment.

(3)     A special assessment of a child or young person for whom the chief executive has parental responsibility may not be undertaken unless the chief executive consents to the assessment.

(4)     Nothing in this section prevents a special assessment of a child or young person from taking place without the relevant consent if the assessment—

        (a)     is authorised by an assessment order or other order of a court; or

        (b)     takes place primarily—

              (i)     for the purpose of saving the person's life or preventing serious damage to his or her health; or

              (ii)     to relieve significant pain; or

              (iii)     as part of the management or setting of broken or dislocated bones.