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Mental Health Commission
Up to 25% of the Irish population are affected by a mental health problem at some point in their lives. That amounts to over 700,000 people. A new Mental Health Act was passed into law in Ireland in 2001. The main aim of it was to bring our laws into line with the international obligations for the protection of the rights of people who require compulsory admission and treatment as a result of mental illness.
The new law provides for the setting up of a Mental Health Commission. Its main purpose is to promote, encourage and foster the establishment and maintenance of high standards and good practices in the delivery of mental health services in Ireland and to take all reasonable steps to protect the interests of people who are detained in approved psychiatric centres.
The responsibilities of the Commission are carried out by an Inspectorate of Mental Health Services which visits and inspects each psychiatric hospital.
Reviews of involuntary detention
The rates of involuntary detention vary considerably across Ireland, with little obvious reason apart from variations in medical practice. Detaining someone against their will is a serious matter.
The Mental Health Commission must be notified of every decision to detain a patient involuntarily and every decision to extend the duration of a period of involuntary detention in a psychiatric hospital. It appoints review tribunals to automatically review the detention of every involuntary psychiatric patient and establishes a panel of consultant psychiatrists to carry out independent medical examinations. The psychiatrist selected from the panel will examine the patient; interview the consultant psychiatrist responsible for the patient's treatment and care and review the patient's records. The psychiatrist will decide, in the interests of the patient, whether the patient is suffering from a mental disorder. The report must be presented by the consultant psychiatrist to the tribunal and to the patient's legal representative within 14 days.
The review tribunal must review the detention of the patient and make a decision within 21 days of the making of the order. If the tribunal is satisfied that the patient is suffering from a mental disorder and that the proper procedures have been followed it affirms the order. If it is not satisfied, it revokes the order and directs that the patient be discharged. The Commission will also arrange for a scheme for granting free legal aid to each patient whose involuntary detention is being reviewed by a tribunal.
Other roles
The Commission also appoints an Inspector of Mental Health Services; advises the Health Minister on a variety of issues, including standards in approved psychiatric centres and maintains a register of approved psychiatric centres. It is charged with making regulations relating to the use of constraints on patients; developing guidelines, protocols and standard documentation in areas of detention, treatment, patient information and in preparing codes of practice for those working in the mental health services.
Permission for psychosurgery
Psychosurgery is surgery on the brain to relieve psychological symptoms. The procedure is irreversible and reserves for only the most severe and intractable symptoms.
A further function of the tribunals, under the direction of the Mental Health Commission, is to consider any request for authorisation from a consultant psychiatrist to perform psychosurgery on a patient where the patient gives his consent in writing to such treatment.
If the tribunal is satisfied that such surgery is in the best interests of the person, it will authorise such surgery or where it is not so satisfied, refuse it.
Membership of the Commission
The Mental Health Commission has 13 members. These members include: a lawyer, three registered practitioners of whom two are consultant psychiatrists; a social worker, a psychologist, a health board representative, a representative of the general public and three representatives of voluntary bodies (at least two of whom must have or have had a mental illness).
How to contact the Mental Health Commission
Mental Health commission, 14 Baggot Street, Dublin 2
Tel: (01) 6362400,
Email: info@mhcirl.ie
See the Mental Health Commission website at..
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Last Reviewed: 12th September 2003
Anonymous
Posted:
17/09/2003 12:36 |
| Very interesting article |
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Anonymous
Posted:
02/03/2004 17:53 |
| Very interesting article |
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Anonymous
Posted:
11/06/2004 22:46 |
| About time someone took some power from these psychiatrists who think they are god. Their level of power is frightening and they do and have made serious errors in detaining people, whether you choose to believe so or not |
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Anonymous
Posted:
15/07/2004 08:39 |
| About time this was enacted. About 40 years too late but better late than never. |
|
Anonymous
Posted:
18/07/2004 12:01 |
| Involuntary Patients been catered for but not those who are "Voluntarily Signed In". The "Admission Interview" is nothing short of subtle persuasion and the signing of the "Voluntary Admission" form suggests one is capable and lucid enough to make an informed decision. If a patient is capable of signing a "Voluntary Signing In Form" then it suggests that the "Patient" isn't in a condition that can be assessed as "Mentally Devoid Of Logic" because it is ascertained through the "Admission Interview" that the patient isn't in a state of delusion. The "Admission Interview" is a series of questions and mainly to assess the thought process of the "Patient". A "Patient" could be giving completely inaccurate responses but yet capable of signing a "Voluntary Admission Form". The form is passed over for signature but doesn't provide the opportunity to be read by the "Patient". Another factor about "Voluntary Admission" and "Voluntary Patient Signing Out Procedures" aren't advised and that this procedure until this Bill came in meant the Authorities had a 72 Hour waiting period to provide the time to issue a committal and detain a person for a stated length of time "Involuntarily". "The Non-Advisal" of this "Procedure" Irrespective of the Mental Health Act and the Notable Absent "Patient Charter" is an infringement on a "Patient's Right" to be fully informed of all procedures and the "Voluntary Patient Signing Out Form". On each of my Admissions I have never been advised as a "Voluntary Patient" of the signing out procedure applicable to my signing of a "Voluntary Patient Admission Form". I only discovered this information by default and I hadn't a clue about it until I broached the subject and advised of the possibility that this "Signing Out Form" takes 72 Hours and could possibly see me been detained "Involuntarily up to three months". Great this New Bill has come in however it doesn't correct the damage done to myself and others. |
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louie(louiemaguire) Posted:
30/08/2004 02:38 |
| I think the Mental Health Act 2001 is appalling. Detiontion issues only affect under 10% of service users. Not for detention issues but issues that are never brought up by mental health professional. It should have been called the Mental health Detention Act. Once a person has a mental illness they are like an outcast. All thier educational, family matter and employment are seriously curtailed. Most service users go out into the community that cares little for them. What are these people going to do to get any comfort in life. Consider 98% of service users use up only 50% of the mental health budget ie 2% use up half. (August The Irish Times). There is absolutely no support out in the community although for the last 20 years we are to change to community care. Other countries are way ahead of Ireland in being pro-active and updating proper and good legislation. This "new" Act of ours does not meet the requirement of modern mental health care. It is appalling |
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michaelH Posted:
08/04/2006 15:21 |
| It's 2006, and I have been attending a psychiatrist/s, for more than 10 years for anxiety and depression,and in those 10 yrs. I have met a lot of psychiatrists. Everyone of them were of a great help to me, as I could walk-in and talk to them when they were on or not, not just for medication, but only when things were bad,and THEY would listen to me and help me do something about my mental health at that time, this was great and helped up until last week when I was very low,as I had a lot of personal troubles,and my wife and son is suffering from bi-polar disorder, and need a lot of help at home to keep their spirit's up, if they get low my anxiety goe's through the roof and I cannot cope with everyday tasks witch HAVE to be done,so I need help in order to help them. Last week I walked into my clinic to ask the doctor for advice on my own health and medication,I just got in the door when he said,this is not a walk in clinic and he was not going to see me, but that he would gve me a perscription which I did not need as it was a ten week script I got and this was only five weeks. I was all on edge and confused,and just said well give me a perscription to which he replied, your not due one, and was told not to wast his time? And he was not going to listen to me. I am gust recovering from that shock as I never had that trouble before. My question is what is a patient to do if he finds him/her self in that position (I was humiliated and felt much worse than when I went in.My question is, what do you do, who do you go to, What is your rights,who do you make a complaint to,and is it any good. I was at that time on the verge of ending it all, I cant look after two patients in my family,without been in top form myself. Urgent Advice needed, yours, MichaelH |
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Mary Posted:
10/04/2006 10:32 |
| Michael, your complaint should be addressed to the medical ombudsman and if it were me, Iwould change doctors straight away. |
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MichaelH Posted:
10/04/2006 23:42 |
| Thank you Mary, but I have been trying to change doctors for the past six months? But it's the usual explanation of-I did not hear from your present doctor,ect.ect! I am up the walls at the moment,and I will find another approach,as I have to attend the pain clinic this month,I will have to have something ready beforehand.It's not the changing of doctor that worries me,but how is he treating other patients who are to old or like me at that time,(as you can't choose your good times or bad times)if their was nothing wronge with me, I would not need to see the doctor,it would be stupid and a waste of the doctors time,but when you can't think straight and feeling dangerously low, then you should, no, "MUST" be seen,before something happens that could make the problem worse. The doctor cannot make an diagnosis without talking to the patient that's common-sence,is "I wonder" other patient's out there like me who would like to see something done about this problem! what's our out right's as a patient,who do we report something like this,and how LONG doe's it take before you can trust in a doctor, your innermost tought's and feelings,and come out of the clinic with a bit of hope and direction from your problems,this is what I tought doctors of his teachings were meant to do.It's not all about medication,it's also communication!!! |
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emma(CFR45987) Posted:
27/04/2006 15:47 |
| I don't know who you can complain to about this. It may have been an unfortunate, once off situation but there are other people willing to listen have you tried your GP, Community Mental Health Nurse or a good friend |
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MichaelH Posted:
28/04/2006 19:37 |
| Hi' mary, Thank you for replying to my long frustrated letter,I must say I was going to do that,and then I tought of what might happen the next time I have to see him.I could be discharged on the grounds of been a nusance to a professional in his daily work.I then came up with the idea, if I could get more patient's who (I know of a few)who have simular altercations with this doctor, if I could get as many as I can as I know most of them from chatting to them while waiting, and get a petition signed by them, and then hand it in personaly to the head psychiatrist's,(pardon the pun)and keep a copy in case it went no future,I will then pass it on to the medical ombudsman,I would prefer if was sorted locally as I am going their aprox 15 yrs.as I am well knowing there,what do you think, am I dragging it out to much! Michael |
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MichaelH Posted:
28/04/2006 20:36 |
| Hi' Emma,the state I was in mentaly on that day after what he said, I could not think straight, but you are right I could have went eleswhere, as it turned out things got worse,I am writeing this letter in a bag of nerves as my wife who suffers from bi-polar disorded does not want me in the same bed or even talk unless she iss looking for money which I never see as she collects my disability money to spend on bills and food,spent 1,300.00 out of my credit card which she found,and also took half of my valium,and am getting withdrawls bad! I don't know how she found them as I had them well hidden as she has done this before,that money was spent in four weeks and no bills paid and very litle food,I kept that card for emergencies only,I don't want to get her into trouble as she is in the same clinic,but now she doe's not want me to sleep with her,or cook for me, and is treatining to leave me after 33 yrs. of marrage although I have looked after her every time she ended up in hospital I held her hand and helped her to get out of the house ect.I am or was house proud and always keeped clean from top to bottom,and with a load of boys need I say more, I wash the cloths but I can't iron due to a bad neck and arm,now she even won't do that now.If I had got help when I was desperatly in need of it I would be able to cope better, and would have seen what was comeing,but I am fearful of what is going to happen before I am due at the clinic in mid may, If I am in better form I will give as good as I get,as I was a professional myself and was trained to be polite and listen to my client's, do they get trained to be un-polite and look down at you.my time is as important to me as any housewife/husband would know especially when you are trying to juggle other appointments around and not get paid for them.I am not trying to be the martyr in saying what I do at home it is honestly the trute. Yours, michael |
|
Helen Posted:
29/03/2007 21:46 |
| Hi, I wonder if anyone out there has this. I have bipolar I\'m on a lot of medication but I am addicted. The sleeping - I can\'t sleep without them I would be up all night if i hadn\'t got them but go back to bed and sleep I seem to go around stoned? Can any one give me advice please, I\'m on the edge??? Helen. |
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eggie Posted:
01/04/2007 16:50 |
| adding to the expert group on mental health prior to the document 'vision for change' I held out hope for improvement but none has come in any shape or form. Lately we have another mental health inspectors report and a junior minister said in the Irish Times that this gives them something to 'reflect' on. I am of the opinion that reflection can take on a life of its own and never dies. What persons in this state need is proper mental health services and adequate services not substandard, which they are presently. I remain to be corrected but I do not think that a panel has been chosen to start implementing the 'vision for change' document. What is it about mental health that makes all politicians hold back on dispensing adequate funds and care packages for the most vulnerable in this society? Also I worry about those who have been in the mental health services presenting in the physical health services and receiving substandard care there because of the fact that consultants who see from a file that their patient had/is in th psych system may believe that that person is 'making symptoms up'. This is a very, very real problem and statistics show that those who are/have been in psych services have less of a life expectancy. Indeed I know of a case where a man died from brain tumors when doctors diagnosed schizophrenia. I also know of a woman who was presenting with schizophrenic ideation and dx as schizophrenic until a second opinion was sought and it was found she had a tumor which was operated on and the young woman is now doing well. I long for the stigma to end and for enlightenment to come into play as well as funds. As an xservice user in hospital over two years ago they left me in a hospital bed for five days without treatment bar the stemitil injection every four hours for nausea until I had a psych assessment. When the psych came back from holiday she pronounced me psychiatrically well and psychologically sound but how does one prove one is sane or why should one have to after it is seen a person has been in a past life a patient of a psych system. I am now using a wheelchair, and have had a positive scan for early PD! |
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