Robert Troy (Longford-Westmeath, Fianna Fail)
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1236. To ask the Minister for Health the steps that must be undertaken in a psychiatric hospital to admit a person long-term in cases in which the person expresses a desire to leave and the hospital cannot force them to stay but the family has concerns that the person may be a danger to themselves or to others. [1365/17]

Helen McEntee (Meath East, Fine Gael)
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The Mental Health Act 2001 and regulations made thereunder contains the legislative provisions governing admission to and treatment for mental illness in approved centres.

For a person to be admitted as an involuntary patient, there is a three stage process involving an initial application, a recommendation from a General Practitioner and an assessment by a Consultant Psychiatrist that the person under examination suffers from a mental disorder and meets the conditions for involuntary admission as set out in the Act. Such admissions are subject to review by a Mental Health Tribunal. Persons admitted on this basis do not have the right to leave the approved centre while subject to an admission or renewal order without the express permission of the Consultant Psychiatrist.

Most people, however, who go to an approved centre for treatment do so by choice and admit themselves as a voluntary patient. Where a voluntary patient indicates at any time that he or she wishes to leave the approved centre, then under section 23 of the Act, if a consultant psychiatrist, registered medical practitioner or registered nurse on the staff of the approved centre is of opinion that the person is, at that time, suffering from a mental disorder, he or she may detain the person for a period not exceeding 24 hours. The Consultant Psychiatrist responsible for the care and treatment of the person prior to his or her detention must then arrange for the person to be examined by another Consultant Psychiatrist. If the person is deemed to be suffering from a mental disorder, the person may then be detained as an involuntary patient.

It is important to point out that any assessment of whether a person should be admitted as an involuntary patient because he/she is deemed to be suffering from a mental disorder, will take into account the question of whether there is a serious likelihood of the person concerned causing immediate and serious harm to himself or herself or to other persons.