Maybe it got lost in the election. Maybe it was because it revealed a few embarrassing facts. Maybe the powers-that-be just thought our lives were too complicated and we already had enough to think about.
Whatever it was, the Department of Health’s Review of the Operation of the Mental Health Act 2001 Findings and Conclusions, which was published last month, didn’t get much of a fanfare. In fact, it got none.
Funnily enough, Irish Medical Times got its grubby little hands on it.
For those of you who don’t know, the Act includes sections that afford patients, who are involuntarily detained in psychiatric institutions, the right to have a mental health tribunal held into their case within 21 days of an admission order being made to detain them. If the detention is upheld by the tribunal the patient is entitled to another one within another three weeks.
As it happens, the review document reveals a bit of a scuffle between the then Minister of State, Tim O’Malley, and the Mental Health Commission in relation to tribunal hearings being held.
Let’s see what the review document had to say. Bear with it. It’s a bit long but worth a read:
“Due to the high proportion of admission orders that are revoked prior to the holding of a Mental Health Tribunal within 21 days, the Mental Health Commission considers that it is not cost effective to refer the matter to a Mental Health Tribunal ‘as soon as possible’. Fees are payable, to the Mental Health Tribunal members, legal representatives and consultants providing second opinions, when a planned hearing is cancelled due to the revocation of an admission order by the consultant psychiatrist.
“The Minister believes that the interests of patients detained under this Act are paramount. In many instances the acute phase of the illness will be short and revocation of the admission order is appropriate. He is concerned, however, about the high level of revoked admission orders that do not progress to a Mental Health Tribunal…
“The Minister considers that Mental Health Tribunal hearings should take place at the earliest possible opportunity and that all necessary arrangements should be made to facilitate this…
“The Minister would suggest that provision of a Mental Health Tribunal hearing as soon as possible after an involuntary admission is made will reduce the number of admission orders that are revoked prior to the tribunal hearing…
“A total of 505 admission orders were revoked by the responsible consultant psychiatrist before the Mental Health Tribunal was held…
“Because of the high level of revocation of orders it is in the practice of the Mental Health Commission to establish tribunals later in the 21 day period to minimise costs ie payment to tribunal members… As stated earlier, the Minister is of the view that Mental Health Tribunals should be arranged at the earliest possible time following a person’s involuntary admission to a centre.”
There you are now! What do you think of that then?
About Ian McGuinness
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