Children’s consent on treatment urged
It is one of the key recommendations made in an interim report by a Government-appointed steering group, set up to review the Mental Health Act 2001.
A similar recommendation was made by the Law Reform Commission and many of the 100 submissions argued the need for it.
There was much debate during the group’s consultation process about the detention of children.
The lack of a mechanism for a child to challenge or seek a review of their detention frequently raised.
At present the involuntary detention of a child requires a court order and the group believes this should remain unchanged.
However, it believes that the child should have the automatic right to an independent review of their detention and “sees merit” in the introduction of child-friendly tribunals.
The group has also recommended that protections provided for involuntary patients should apply to voluntary patients.
It is concerned at the situation where patients, who lack or have fluctuating capacity, remain for long periods in centres without an external review of their admission, detention, or capacity.
There have been suggestions that many voluntary patients are not truly voluntary as they have consented to admission or to treatment only because of the threat of detention.
The group also deals with electroconvulsive therapy (ECT) and long-term medication and recommends that the word “unwilling” be removed from the act.
“This amendment will provide that where the person concerned has the capacity to make this decision, any refusal to accept ECT, or medicine, after a continuous period of three months will be respected,” the group stated.
Kathleen Lynch, the minister of state with responsibility for mental health, has welcomed the recommendation that children should be given a greater say in their care and treatment.
As a next step, Ms Lynch will be putting in place an expert group to carry out the second and substantive phase of the review expected to be completed early next year.
* 3,602 complaints received.
* 11,541 enquiries received.
* 4,220 complaints dealt with.
* 8.9% complaints resolved.
* 1.3% cases partially resolved.
* 17.1% assistance provided.
* 32.1% not upheld.
* 39.1% discontinued.
* 1.5% withdrawn.
* 46.4% involved the civil service including the Department of Social Protection.
* 27.7% of cases involved local authorities.
* 24.3% involved HSE.
* 21% cases from Dublin. * 11.6% from Cork and 10% from outside the country.
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