New laws give psychiatric patients right to review

PSYCHIATRIC patients detained in hospital against their will have a right to an independent review of their case after long-awaited new laws came into force.

The final sections of the Mental Health Act 2001 were brought into effect yesterday — five years after they were promised — and provide for the setting up of mental health tribunals to look into the detentions of the 3,000 people a year who are involuntarily admitted to psychiatric hospitals.

Each tribunal will be made up of equal numbers of medical, legal and lay people and will review a patient’s case within 21 days of their admission. Each patient will also be automatically assigned a solicitor, or invited to privately engage one, and will undergo medical examination by an independent consultant.

Other outstanding sections of the Mental Health Act which also became law yesterday give patients greater say in the type of treatment they are receiving, particularly where controversial therapies such as electric shock are used.

They also set out the circumstances under which seclusion and physical restraints can be used to calm patients, and they set up a statutory register of residential mental health facilities which will require every facility to meet certain standards and undergo regular inspection

Minister for mental health, Tim O’Malley, described the move as the most significant development in mental health services for over 60 years. “The full implementation of the act will have a positive impact on the lives of a vulnerable group in our society and represents a major step forward in the development of our mental health services,” he said.

Dr John Owens, chairman of the Mental Health Commission, said the new safeguards for the mentally ill meant Irish law was now in line with international human rights standards. “November 1, 2006 is a hugely important date in the history of mental health policy in Ireland,” he said.

The Commission has set up a dedicated information line to deal with public queries about the new law. The number is 1890 277477 and it will be open until November 14 from 9.30am to 12.30pm and from 4pm to 7pm weekdays and again from 10am to 2pm on Saturdays and Sundays.

Queries can also be submitted to the Commission by email by following the link from the website www.mhcirl.ie or going directly to the questions area on http://mhc.thelearningcentre.ie

Mental health services have long been regarded as some of the most neglected in the national health system. In her most recent report, published last July, the inspector of mental health services was scathing in her criticisms of the sub-standard accommodation, staff shortages, poor regulation and low chances of recovery that were features of many of the facilities she visited.

The Health Service Executive (HSE) said the new legislation, which subjects mental health services to greater scrutiny, would “place an additional burden on staff.” It insisted, however, it was fully committed to implementing the changes in full.