Mental Health Bodies

Mental health legislation was updated by the Mental Health Act 2001.  The Legislation established the Mental Health Commission whose function is to promote and foster high standards and practices in relation to mental health services and to take reasonable steps to protect the interests of persons detained under the legislation.

The members of the Commission are appointed by the Minister for Health and Children.  Three represent voluntary bodies, three are doctors of whom two are consultant psychiatrists and two are nurses.  Others must be a psychologist, lawyer, social worker, HSE, employer and representatives of public interest.  The commission has a chairperson, chief executive and staffs.

The Commission makes rules and codes of conduct in relation to various matters including restraint, electroconvulsive therapy and the admission of children to approved centres.

The Department of Health has overall policy responsibility in the health area.  The Mental Health Commission is accountable to the Minister. The HSE is responsible for managing and delivering health and personal social services throughout the state.  It includes mental health expert advisory groups.

The Commission appoints the Inspector of Mental Health, assistant inspectors, members of Mental Health Tribunal and legal representatives of patients.  It runs the Civil Legal Aid Scheme under the legislation.  It registers approved centres.  It may hold inquiries.

Its functions are in the civil arena only.

The Commission does not have functions in relation to the Mental Health (Criminal Law) Review Board.  The Mental Health (Criminal Law) Review Board was established under the Criminal Law (Insanity) Act 2006.  This body is appointed by the Minister for Justice. See our separate chapter in relation to  issues of  criminal liability and mental health.

The Inspector of Mental Health Services inspects approved centres annually and other places where mental health services are provided.  The Inspector carries out an annual review of services in the state and reports to the Commission on the quality of care and treatment.

The Inspector has powers to enable it to carry out its inspections.  It may require information and  examine documents.  The Inspector must see every resident who has requested to be seen, every patient whose detention may be questionable and determine whether the regulations and rules have been complied with.

Mental Health Tribunal

The Mental Health Tribunal was introduced by the Mental Health Act 2001 and constituted a fundamental new element in mental health law. The Mental Health Commission has produced procedural guidance and protocols in relation to the operation of the Mental Health Tribunal.

Mental Health Tribunals deal with

• involuntary admission order
• regrading from voluntary to involuntary
• renewals orders
• proposal to perform psychosurgery
• transitional provisions for adults
• transfers to the Central Mental Hospital

They do not deal with cases involving children or criminal matters.  They are not involved in treatment and medication matters.

Mental Health Criminal Law Review Board

The legislation establishes the Mental Health Criminal Law Review Board. It is independent in the exercise of its functions and shall have regard to the welfare and safety of persons whose detention or conditions of discharge it reviews and for the public interest.

The Review Board holds sittings for its functions and may receive evidence. It must take account of court records and proceedings to whose decisions the request for review relates. It shall assign a legal representative to the patient unless he or she proposes to engage one.

The Review Board may direct a consultant psychiatrist responsible for the care and treatment of the person the subject of the review, to arrange for the patient to attend before the Board. It may direct in writing any person whose evidence is required, to produce any document or thing. It may give other directions for the purpose of proceedings that appear to be reasonable and just.

The Review Board shall determine its procedures. Witnesses have the same privileges as in a court. It is an offence to refuse to comply with the Board’s directions in relation to matters where it has authority.

The Review Board shall ensure that the detention of a person is reviewed at intervals and such length nothing more than 6 months as it considers appropriate and the Clinical Director of the relevant Designated Centre shall comply without any request by the Review Board in connection with the review.