Psychiatric patients denied review of status

Catherine Shanahan

Yesterday Health Minister Mary Harney blamed hospital consultants for the failure to get mental health tribunals which would have the power to order the release of a patient detained involuntarily up and running.

Speaking during her first appearance at a meeting of the Dáil Health Committee, the Tánaiste said the absence of tribunals meant hundreds of psychiatric patients detained involuntarily were being denied an independent review of the decision to commit them.

"I met with the chair and the CEO of the Mental Health Commission yesterday and unfortunately because of the dispute with the Irish Hospital Consultants Association (IHCA), psychiatrists are not participating (in the tribunals).

"Unfortunately, this means the needs of some of the most vulnerable patients in the country are not being looked at. I believe there are up to 600 cases."

CEO of the Mental Health Commission Bríd Clarke said at any one time there were up to 600 patients in psychiatric units who had been admitted involuntarily. She said while the commission needed up to 60 consultant psychiatrists in order to get the tribunals up and running, just under 30 had applied.

IHCA general secretary Finbarr Fitzpatrick said they had advised members not to take part in the tribunals because of the "huge burden" their requirements would place on psychiatrists.

Under the Mental Health Act 2001, which legislated for the three-member tribunals (psychiatrist, lawyer and lay-person), the psychiatrist has to 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 and the review tribunal must review the detention of the patient and make a decision within 21 days of the making of the order. Mr Fitzpatrick said the proposals needed to be tested to see if consultants could meet the time requirements, otherwise they would be guilty of breaking the law.

At yesterday's committee meeting, Ms Harney also responded to reports that the Government blueprint for health reform, the Hanly report, had been shelved.

She said Hanly "was not dead" and that she is due to meet David Hanly, its author, next Monday. However, she has already confirmed Hanly 2 meetings of the acute hospital review group cannot go ahead because of a row with consultants over insurance.

However, she said, it was "the speed of delivery of health reform" that was important and that, while it was important to have a road map, "the most effective strategy is one which delivers".