Dr. Charles O'Mahony:

There could be provisions that would give a specific mandate to the Inspector of Mental Health Services regarding this. In line with international best practice, there could be a mental health ombudsman, although that would, obviously, require additional resources, as will be the case for the Mental Health Commission and the inspector. It is important that there be a mandate. A number of amendments could be used to extend that mandate to the inspector in order that, when she and her team are carrying out their inspections, they can respond more robustly to complaints and there will be more accountability and oversight. Moreover, they should be able to examine clinical decision-making in order that it will be more robust for people.

When people are detained, significant human rights issues arise, such as loss of liberty, forced drugging and ECT. It is important, therefore, that there be a robust complaints mechanism. The south Kerry CAMHS scandal, which has been in the news in recent weeks, showed what can happen with the lack of a complaints mechanism. Issues may not be reported or responded to because people do not know whom to approach and there is not effective oversight by way of a complaints mechanism.