Mental health tribunals to review cases

Almost 3,000 psychiatric patients detained in hospitals against their will each year will have their cases reviewed by independent panels later this year, Minister for Health Mary Harney announced yesterday.

In an announcement that coincided with the publication of a highly critical report by the Inspector of Mental Health Services, Ms Harney said the new system would be in place from November 1st.

Although most people avail of inpatient treatment on a voluntary basis, approximately 10 per cent of psychiatric patients are admitted on an involuntary basis.

Regional differences in committal rates mean patients are up to three times more likely to be detained against their will, depending on the part of the State in which they live.

Independent panels - to be known as mental health tribunals - are provided for under the Mental Health Act, 2001. Their establishment had been delayed by a long-running dispute between hospital consultants and health authorities which was resolved earlier this year.

Each decision to detain or extend the detention of a patient will be subject to automatic review within 21 days by a mental health tribunal.

This is in contrast to the existing provisions of the 1945 Mental Treatment Act, under which a person may be detained in a psychiatric hospital for six months. This can be extended for up to two years.

The Mental Health Commission, which has been training individuals who will be involved in the panels, welcomed yesterday's announcement, which, it said, would strengthen the rights of patients.

The Health Service Executive (HSE) also welcomed the development, which, it said, "will fundamentally change the way mental health services are offered".

Ms Harney said the HSE, the Mental Health Commission and her department were currently finalising preparations to ensure the smooth transition of the new arrangements under the legislation. "I look forward to the full implementation of the Act, which will have a major positive impact on the lives of a vulnerable group in our society," she said.

Patients involuntarily committed will have the right to attend their mental health tribunal hearing if they so wish.

They will have the right to be represented at the mental health tribunal by a legal representative who is appointed by the Mental Health Commission.