Finian McGrath (Dublin North Central, Independent)
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Question 187: To ask the Tánaiste and Minister for Health and Children the way in which the Mental Health Commission deals with complaints; the criteria it uses when investigating complaints against mental health service providers; and its role in involving the families of patients. [14259/05]

Tim O'Malley (Limerick East, Progressive Democrats)
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I am informed by the Mental Health Commission that, in general, it receives complaints directly from patients or from their families and-or relatives. The Mental Health Commission also receives complaints through third parties, including elected representatives. Complaints can be broadly divided into two main categories: clinical and non-clinical.

I understand that in responding to these complaints, the Mental Health Commission is guided by a number of principles and relevant legislative provisions. The patient's best interest is a primary consideration. This includes the patient's right to confidentiality. In some instances, therefore, complaints received from families cannot be dealt with if the patient declines to give his or her consent to information being shared with another party. If a patient detained under the provisions of the Mental Treatment Act 1945 writes to the Inspector of Mental Health Services seeking a review of the detention order, the inspector makes contact with the treating consultant psychiatrist and seeks documentation on the detention. The inspector then advises the patient of the status of the documentation and detention order. The Mental Health Act 2001, when fully commenced, will introduce a new independent review system for people admitted involuntarily to psychiatric units or hospitals.

I am informed by the Mental Health Commission that the provision of additional information and enhanced communication between the patient, family and service providers can often address the complaints submitted to it. The commission is finalising a model for the handling of complaints by service providers within the mental health services. When the model is finalised discussions will take place between the commission and all the service providers to facilitate the introduction of a comprehensive complaints system within the individual agencies.