Table test

Age of child or young person	Consent of person with parental responsibility	Court of Protection	Children Act 1989, section 25 secure order	Deprivation of Liberty Safeguards (DoLS)	Mental Health Act 1983	High Court (inherent jurisdiction)
15 or under	Yes – but see notes below	No	Yes – but see notes below	No	Yes – but the child needs to meet the criteria for the MHA and the placement must be authorised to accept MHA detentions.	Yes. This is a fallback option when others are not available
16-17	No	Yes – in any placement if the person lacks capacity.	Yes	No	Yes – but the child needs to meet the criteria for the MHA and the placement must be authorised to accept MHA detentions.	Yes. This is a fallback option when others are not available.
18 and over	No	Yes – in any placement (not covered by DoLS) if the person lacks capacity.	No	Yes – but only if the person is living in a care home or hospital and lacks capacity.	Yes – but the person needs to meet the criteria for the MHA and the placement must be authorised to accept MHA detentions.	Yes. This is a fallback option when others are not available.