Róisín Shortall (Dublin North West, Social Democrats)
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383. To ask the Minister for Health if he recognises the obstacles persons with mental health difficulties encounter in making a complaint about mental health services, if he will introduce an independent complaints route for such individuals, as recommended by Mental Health Reform; and if he will make a statement on the matter. [44739/15]

Kathleen Lynch (Cork North Central, Labour)
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There are a number of options open to individuals or their families to make a complaint about health services including mental health services. Firstly, it is generally best that complaints are dealt with locally when they occur and all efforts made to resolve them with the patient or person who has the complaint. The Health Act 2004 (Part 9) states that a person has the right to complain about any action of the Health Service Executive (HSE) or a service provider that they believe was not fair or had an adverse effect on them. The HSE has appointed designated Complaints Officers to ensure the effective management of complaints throughout their relevant areas of responsibility and a person can make a complaint in writing, in person or over the telephone. The HSE actively encourages and promotes consumer feedback and links with customers on a regular basis to ensure that the complaint handling processes are effective, are being communicated and are achieving outcomes that are satisfactory to the consumers. The HSE continues to seek improvements in its complaint handling ability and capacity in order to respond to the needs of patients.

If an individual is unhappy with the way in which his/her complaint was dealt with at the point of care the National Advocacy Unit of the HSE will appoint an independent officer to review the complaint. The Executive also has a National Safety Incident Management Policy which sets out the steps to be taken in an investigation; when independence from the HSE is required, the HSE policy provides for national and international experts to be part of reviews. If an individual is still unhappy with the outcome of this process he/she can request an independent review of the complaint from the Office of the Ombudsman.

In addition if an individual is unhappy with the level of care provided by a regulated health service professional such as a doctor, nurse or other healthcare professional, he/she may make a complaint to that employee's professional regulatory body.

Healthcomplaints.ieis an on-line information service which was developed by the Office of the Ombudsman in cooperation witha number of organisations including my Department and the HSE. This service provides information on how to make a complaint or give feedback about health and social care services in Ireland. This website has been developed for people who use health and social care services in Ireland, as well as for their families, care-givers and advocates.

Work on a new independent national model for patient advocacy has commenced. This advocacy service will be external to the Department and the HSE and will be in line with international best practice. The exact functions of the advocacy services have not been decided at this time. It will, however, be established primarily to support patients and will provide guidance on how to make complaints and navigate through the health service. Naturally, the Department will be seeking the views of those individuals and groups currently involved in the provision of advocacy services such as Mental Health Reform and looks forward to receiving their proposals on advocacy services. It is also planned to simplify the process of making complaints for patients and will look to extend the powers of the Ombudsman in relation to complaints in this regard.

I should also point out that earlier this year, an Expert Group which I appointed to review the Mental Health Act 2001 published its report. One of the issues looked at by the Group was the complaints procedures that currently exist within the service and the suggestion of providing for a separate Mental Health Ombudsman. It was felt by the Group that complaints about mental health services already have access to a number of options including the existing Office of the Ombudsman and the fact that a separate complaints system for mental health patients could be seen as discriminatory, it would be premature to recommend a separate Mental Health Ombudsman at this juncture. The Group did however recommend that this issue should be re-examined as part of the suggested five to ten year review of any new Act.

Work on a General Scheme of a Bill to amend the Mental Health Act 2001 based on the recommendations of the Expert Group review has commenced. During the course of this work, there will be further engagement and consultation with a wide range of stakeholders and relevant groups, including Mental Health Reform and their observations and comments on all aspects of the revised legislation will be taken into consideration.