Reference no: EM13933983

Louise is a 16 year old girl with a moderate learning disability and behavioural problems. Louise has been living with her grandmother for the last ten years.    Louise is known to the local authority as a child in need however as yet the Local Authority has not issued  any court proceedings in relation to Louise.  Louise's mother is dead and her father lives in London.  She sees her father occasionally.  Her parents divorced when she was very young.

Louise has recently assaulted her grandmother who has described Louise  as being "increasingly out of control". Following the assault on her grandmother, Louise was been admitted to the local Psychiatric Hospital unit for young people for the purposes of assessment and treatment to include medication.  Louise did not object to being admitted to the unit where she has been for one week.   Her grandmother agreed with her admission to the unit stating that she is not willing for Louise to return home.

After an initial settled period, Louise is now becoming demanding within the unit.  She can usually be persuaded to cooperate with medication and the ward regime.  Louise has recently tried to leave the unit but would not say where she planned to go.  She was unable to leave the unit due to it being locked at the time.  The staff on the unit feel that it may be more appropriate to use the Mental Health Act 1983 to complete their assessment of Louise.

Both Louise's father and her grandmother agree that Louise should remain on the unit within the Psychiatric Hospital however her father is clear that he would be unhappy at the prospect of Louise being detained under the Mental Health Act 1983.

Compare and critically analyse the legal options that are available to keep Louise on the unit within the Psychiatric Hospital and to treat her including the potential options open to the Local Authority.

In relation to each option you should explain the grounds to be satisfied, and the safeguards which apply.