Oireachtas Joint and Select Committees

Wednesday, 29 May 2019

Joint Oireachtas Committee on Health

Developments in Mental Health Services: Discussion

Dr. Shari McDaid:

First would be regulation of the community residences. It is deeply concerning that people are in HSE-supported accommodation that is unregulated. I do not think any other residential services within the health service continue to be unregulated. In light of what we have seen in other parts of the health service in that regard, I believe that would be an urgent priority. We should ensure people have the right to make decisions about their own mental health treatment. Removing the exclusion of people with mental health difficulties, who are involuntarily detained, from the provisions under the advance healthcare directive is a priority. People who lack the capacity to make decisions should have their rights protected and there should be oversight of their circumstances. People lacking capacity under the current law can still be considered a voluntary patient and therefore there is no tribunal and no requirement for independent oversight as to the reasons they are in hospital. That is a very significant concern.

In all circumstances there should be the right to advocacy support. We have the right to a lawyer in the context of a tribunal, but we do not have the right to the kind of representative or peer advocacy to ensure that everyone who is in hospital for mental health care has the support they need to make their voice heard and to be supported to address concerns they have about their treatment.

Those are some of the priorities. Voluntary patients can also be quite vulnerable when they are in hospital. I am concerned that there is no legislative requirement to provide voluntary patients with information. People who are voluntary patients may often not even be sure about their status and whether they are voluntary or involuntary. They will not necessarily know about the provision of an advocacy service or other rights they may have when they are in services. Ms Mitchell might point out anything I have missed.

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