Psychiatric patients can challenge detention

Legislation giving psychiatric patients being held against their wishes the right to challenge their detention has been signed into law.

Minister of State with responsibility for mental health Tim O'Malley today announced he had signed the Commencement Order to bring the remaining provisions of the Mental Health Act, 2001 into force from November 1st.

Around 10 per cent of the approximately 3,000 admissions to psychiatric hospitals each year are on an involuntary basis.

Under the current laws, contained in the Mental Treatment Act of 1945, a person may be detained in a psychiatric hospital for up to two years against their wishes.

Included in the new Act are provisions for the establishment of Mental Health Tribunals, which will be independent bodies comprised of a consultant psychiatrist, a lawyer and a layperson.

These tribunals will conduct a review of the detention of a patient on an involuntary basis or the extension of the duration of their detention.

Mr O'Malley said the reviews "will be independent, automatic and must be completed within 21 days of the detention/extension order being signed".

The tribunal, which can arrange an independent psychiatric assessment for the detained person if requested, can order the person's release if it considers that he or she does not require to be detained involuntarily.

Patients wishing to challenge their detention will have the right to attend tribunal hearings and be represented by a lawyer appointed by the Mental Health Commission.

The introduction of the tribunals had been held up by a long-running dispute between consultant psychiatrists and the State. This was resolved in January.

Last January, the Government approved a €900 million plan to transform psychiatric health services in the Republic.

The plan, which involves the closure of all psychiatric hospitals, will be implemented on a phased basis over the next ten years. It will include selling off 15 hospitals, including the Central Mental Hospital in Dundrum and St Ita's in Portrane, the Republic's largest psychiatric hospital.

Instead of treating patients in hospitals, the idea is to create more community-based services in line with international best practice.