PART 4PARENTS AND YOUNG PEOPLE LACKING CAPACITY
When a parent of a child who is a detained person lacks capacity36
When a parent of a detained person who is a child lacks capacity at the relevant time—
a
references in sections 40(4) and (5)(b) and 42(6) of the 2018 Act to the parent of a detained person who is a child are to be read as references to a representative of that parent;
b
the reference in regulation 18(6) to the child’s parent is to be read as a reference to a representative of that parent.