Catherine Murphy (Kildare North, Social Democrats)
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461. To ask the Minister for Health the protocols and guidelines in place to govern the admittance into a residential psychiatric facility for voluntary and for involuntary patients; if the ability of a family to care for a loved one with mental health problems is taken into account; and if he will make a statement on the matter. [46184/15]

Kathleen Lynch (Cork North Central, Labour)
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The Mental Health Act 2001 sets out the procedures and safeguards regarding the admission and treatment of persons to approved centres particularly insofar as involuntary patients are concerned. It also seeks to protect the rights of everyone using the mental health services.

Details relating to the admittance of persons to residential psychiatric facilities are set out in the Mental Health Commission’s ‘Code of Practice on Admission, Transfer and Discharge to and from an Approved Centre’. This code of practise requires that residents should be actively involved in the admission process and in the development of individual care and treatment plans. The code also states that the resident’s family/carer and/or chosen advocate should be involved in the admission process and in the development of the care and treatment plan with the resident’s consent. Where the resident has no advocate, one can be made available.

In addition, the National Standards for Mental Health Services are set out in another Mental Health Commission document ‘Quality Framework Mental Health Services in Ireland’. Theme six of this framework relates to ‘Family/chosen advocate involvement and support’ and goes on to state that families/chosen advocate should receive information about what services are available, how they work and how to access them, especially in a crisis. Families/chosen advocates should also receive support from the mental health team through an assigned member of staff. The level of support required is provided based on identified need.

Following the publication of an Expert Group review of the Mental Health Act 2001, a major reform of current mental health legislation is underway to reflect the recommendations of the Expert Group. A number of the recommendations of the Expert Group will further strengthen and enhance the protections of both voluntary and involuntary patients for the admittance to residential psychiatric facilities as well as increasing the powers of the Mental Health Commission to make standards in respect of all mental health services. In addition, the Expert Group recommended that the revised legislation should proactively encourage and support patients to involve family and/or carers in the admission process and in the development of care and treatment plans with the patient's consent. The Group also recommended that all relevant professional bodies involved in mental health care should ensure their codes of practice guidelines for practitioners reflect the need to involve families and/or carers in the development of care and treatment plans with the patient's consent.