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Advocates call for 'key changes' to Mental Health Bill to protect the 'rights and dignity' of patients
Advocates call for 'key changes' to Mental Health Bill to protect the 'rights and dignity' of patients

Irish Examiner

time15-07-2025

  • Health
  • Irish Examiner

Advocates call for 'key changes' to Mental Health Bill to protect the 'rights and dignity' of patients

It is not too late to make changes to the Mental Health Bill and offer better dignity to people with mental illnesses, advocates and legal experts have urged. The bill has now concluded final stages in the Dáil and goes before the Seanad in the autumn. Minister of state for mental health Mary Butler described the bill as the 'most comprehensive overhaul of mental health laws in 20 years'. She said it provided for the regulation of community mental health services — including Child and Adolescent Mental Health Services — by the Mental Health Commission among other reforms. Human rights lawyer and lecturer in international disability law at the Centre for Disability Law and Policy in Galway, Janos Fiala-Butora, is one of many raising concerns. A key issue is the criteria for involuntary admission to psychiatric units, he said. 'Psychiatric patients differ from other patients in one important way. If other patients reject the treatment offered, doctors cannot enforce it on them against their will. They have to offer alternatives and make an effort to convince them,' he said. They do not have to do that in the field of mental health, because involuntary treatment is readily available. That is a huge power, which must be wielded responsibly. He described the debate on the bill in recent months as 'quite disappointing' in an article for the online journal Mad in Ireland. Having represented dozens of patients and interviewed hundreds, he said abolishing involuntary treatment was preferable, but acknowledged the lack of alternatives for patients in crisis. He argued it was 'unfair to doctors' to expect them to police this approach. 'Pretending that all psychiatric patients who are rejecting treatment are doing so because they lack capacity will not get us closer to discussing what the proper contours of that power should be,' he cautioned. Social Democrat TD and psychologist Liam Quaide raised concerns about how the bill was rushed through the Dáil, with many last-minute amendments. He warned rejection of amendments on a right to an independent advocate or an independent complaints mechanism was worrying for patients. An amendment to bring in a reference to chemical restraints was also rejected. 'This is a deeply troubling omission as the practice of administering powerful, temporarily disabling sedatives is common in psychiatric settings [and] has serious implications for bodily autonomy and personal liberty,' he said. He also highlighted 'significant changes' to provisions around involuntary treatment. Many of these concerns were echoed by Mental Health Reform, which set out recommendations on seven issues. It also noted limited Dáil scrutiny with concern. It warned of 'particularly troubling' consequences from changes, including widened criteria for involuntary treatment and allowing for involuntary treatment to begin without a capacity assessment. A doubling of time allowed for involuntary treatment from 21 to 42 days was introduced, it said, 'at a late stage'. Independent advocacy and complaints are 'essential to uphold the rights and dignity' of people in vulnerable situations and should be included, it said. It welcomed a reduction in time to review the bill from 10 to five years. Overall, however, it urged that "there is still an opportunity to introduce key changes that would significantly strengthen the bill".

31 enforcement actions issued to safeguard mental health patients
31 enforcement actions issued to safeguard mental health patients

RTÉ News​

time27-06-2025

  • Health
  • RTÉ News​

31 enforcement actions issued to safeguard mental health patients

Thirty-one enforcement actions were issued last year to safeguard mental health patients and residents in 20 centres nationwide. The Mental Health Commission's Annual Report for 2024 highlighted deficiencies in some Health Service Executive facilities that inspectors say must be addressed by the executive's leadership. ''Closer attention by the HSE to underperforming approved centres would transform the national picture," said Mental Health Commission CEO John Farrelly. In 2024, overall compliance across HSE-funded adult centres was just under 81%, while independently run adult centres achieved 88.5% compliance. There was an increase in the number of high and critical non-compliances in 2024 compared to previous years. 366 non-compliances were recorded in total with critical non-compliances concentrated in a few HSE-approved centres. Six facilities achieved 100% compliance including Aidan's Residential Healthcare Unit; Ashlin Centre; Carraig Mor Centre; Grangemore Ward, St Otteran's Hospital; and St Patrick's University Hospital. Those achieving 70% overall compliance or below with regulations include Acute Psychiatric Unit, Tallaght University Hospital (70%); Units 2, 3, 4 and Unit 8 (Floor 2), St Stephen's Hospital, Cork (66.67%); Department of Psychiatry Letterkenny University Hospital (63.33%); Elm Mount Unit, St Vincent's University Hospital (62.07%); Acute Mental Health Unit, Cork University Hospital (60%); and the Central Mental Hospital, Portrane (56.67%). Examples of non-compliances may include lapses in individualised care planning, risk management, staffing, and premises. The HSE welcomed the publication of the Mental Health Commission (MHC) Annual Report. It acknowledged that, in some areas, compliance with regulations for premises, staffing, risk management and care planning remain areas of concern. As part of Sláintecare, the HSE said that a new regional structure will improve how services are run in each area and provide a consistent quality of care across the country. The HSE budget for mental health for 2025 is €1.458bn, 5.4% of the overall HSE budget this year. Restrictive practices are also declining in favour of a more rights-based approach for mental health patients and residents. "The decline in the use of coercive and restrictive practices represents one of the most notable human rights advances in mental health care in Ireland in recent times," said Inspector Professor Jim Lucey. "These advances demonstrate how regulation can drive important human rights improvements and result in key behavioural change in the way services are delivered." The Mental Health Commission is an independent statutory body that aims to foster and promote high standards of care and good practice in the delivery of mental health services. It also ensures that the interests of those involuntarily admitted are protected under the Mental Health Act 2001.

‘Critical' breaches of regulations at number of HSE-run mental health centres
‘Critical' breaches of regulations at number of HSE-run mental health centres

Irish Times

time27-06-2025

  • Health
  • Irish Times

‘Critical' breaches of regulations at number of HSE-run mental health centres

Patients at a number of HSE -run mental health centres are receiving substandard care due to 'persistent, critical' noncompliance with regulations, requiring 'urgent redress', the sector's watchdog has found. On Friday, the Mental Health Commission published its 2024 annual report, which pointed to a number of positive improvements in recent years. According to the report, six centres – four of which were HSE-run- were 100 per cent compliant with regulations, and there was a reduction in the use of restrictive practices. However, Prof Jim Lucey, inspector of mental health services, said the number of breaches of minimum standards and critical non-compliances has increased, and 'the bulk of these is concentrated in a small number of HSE-led services'. READ MORE The National Forensic Mental Health Service (NFMHS) had 17 breaches with regulations, while Elm Mount in Dublin, Tallaght University Hospital, St Stephen's Hospital in Cork and the Department of Psychiatry in Letterkenny were also highlighted for non-compliances. In terms of 'critical' non-compliances, Cork University Hospital had the highest with eight, followed by Tallaght University Hospital in Dublin, which had six, and Portlaoise Hospital, which had four non-compliances rated critical. The Department of Psychiatry in Letterkenny and the independent sector provider St John of God Hospital in Stillorgan, Co Dublin each had three non-compliances rated as critical. 'Persistent findings of critical noncompliance indicate a high likelihood of risk. Their increasing volume in a small number of approved centres is a substantial concern,' the report states. According to Prof Lucey, regulations around therapeutic services, general health, risk management procedures and privacy are 'matters of human rights and dignity'. 'The fact that these humanistic care standards are breached so persistently in some HSE-approved centres and at this level is a matter of great concern to the inspector,' he said, stating these breaches are 'matters in need of urgent redress'. 'Substandard levels of staffing, and persistent neglect of approved centre premises, are not matters to be minimised. I find it increasingly necessary to ask this question: why do some HSE centres persistently operate with poor levels of compliance?' The commission has written to the HSE seeking intervention in centres that are found to be persistently noncompliant. Overall, the report highlights significant progress in the standard of care provided in mental health centres in Ireland. According to the report, there was a 18.6 per cent decrease in the number of reported episodes of physical restraint compared with 2023. There were also seven instances of centres being over capacity, a significant reduction on the 46 instances in 2023. The commission took 31 enforcement actions against 20 registered premises last year to 'safeguard service users and drive immediate improvements'. Minister for Mental Health Mary Butler welcomed the publication of the report, adding: 'it is also encouraging to see that in 2024, the number of children admitted to adult units fell to its lowest level on record and we saw a further decrease in episodes of seclusion and restraint'. In a statement, the HSE acknowledged in some areas compliance with premises, staffing, risk management and care planning 'remain areas of concern'. 'A small number of HSE-approved centres have recurring or increasing levels of noncompliance that disproportionately impacts the HSE's overall compliance rating,' the statement said.

31 enforcement actions taken to safeguard mental health patients
31 enforcement actions taken to safeguard mental health patients

RTÉ News​

time26-06-2025

  • Health
  • RTÉ News​

31 enforcement actions taken to safeguard mental health patients

31 enforcement actions were issued last year to safeguard mental health patients and residents in 20 centres nationwide. The Mental Health Commission's Annual Report for 2024 highlighted deficiencies in some HSE facilities that inspectors say must be addressed by the Executive's leadership. ''Closer attention by the HSE to underperforming approved centres would transform the national picture," said the Chief Executive of the Mental Health Commission, John Farrelly. In 2024, overall compliance across HSE-funded adult centres was just under 81%, while independently run adult centres achieved 88.5% compliance. There was an increase in the number of high and critical non-compliances in 2024 compared to previous years. 366 non-compliances were recorded in total with critical non-compliances concentrated in a few HSE-approved centres. Six facilities achieved 100% compliance including Aidan's Residential Healthcare Unit; Ashlin Centre; Carraig Mor Centre; Grangemore Ward, St Otteran's Hospital; and St Patrick's University Hospital. Those achieving 70% overall compliance or below with regulations include Acute Psychiatric Unit, Tallaght Hospital (70%); Units 2, 3, 4 and Unit 8 (Floor 2), St Stephen's Hospital, Cork (66.67%); Dept of Psychiatry, Letterkenny University Hospital (63.33%); Elm Mount Unit, St Vincent's University Hospital (62.07%); Acute Mental Health Unit, Cork University Hospital (60%); and the Central Mental Hospital, Portrane (56.67%). Examples of non-compliances may include lapses in individualised care planning, risk management, staffing, and premises. The HSE welcomed the publication of the Mental Health Commission (MHC) Annual Report. It acknowledged that, in some areas, compliance with regulations for premises, staffing, risk management and care planning remain areas of concern. As part of Sláintecare, the HSE said that a new regional structure will improve how services are run in each area and provide a consistent quality of care across the country. The HSE budget for mental health for 2025 is €1.458bn, 5.4% of the overall HSE budget this year. Restrictive practices are also declining in favour of a more rights-based approach for mental health patients and residents. "The decline in the use of coercive and restrictive practices represents one of the most notable human rights advances in mental health care in Ireland in recent times," said Inspector Lucey. "These advances demonstrate how regulation can drive important human rights improvements and result in key behavioural change in the way services are delivered." The Mental Health Commission is an independent statutory body that aims to foster and promote high standards of care and good practice in the delivery of mental health services. It also ensures that the interests of those involuntarily admitted are protected under the Mental Health Act 2001.

Kerry families 'frustrated' at pace of review into children's mental health services
Kerry families 'frustrated' at pace of review into children's mental health services

Irish Examiner

time26-06-2025

  • Health
  • Irish Examiner

Kerry families 'frustrated' at pace of review into children's mental health services

Families in Kerry affected by failures in children's mental health services in the county have said they are very disappointed at delays in finishing a review of care. It comes as the Mental Health Commission's annual report shows average compliance rates of 58.34% for Child & Adolescent Mental Health Services (Camhs) centres against four standards. HSE Southwest apologised on Wednesday for not yet finishing a 2023 review into the care of 300 children. 'They are frustrated, it's been really very, very disappointing. This is going on years now,' local TD Michael Cahill said of affected families. 'The impact its had on the individuals, most of whom are young adults now, is long-term and permanent.' He welcomed the HSE's apology but said: 'What does an apology do? I would have called on Simon Harris and Micheál Martin for a public apology, it might give some bit of comfort to the families.' Mental Health Commission report Meanwhile, the Mental Health Commission's annual report found mixed progress in adult and children's services. In Camhs centres it found problems against four standards. These were care plans, risk management, quality of buildings and staffing numbers. These low grades were despite improvements in other areas. The Eist Linn unit in Cork had a rating of 73% overall. Just three counties have Camhs beds nationally. 'Children and young people in crisis may be left with the unacceptable 'choice' between an emergency department, general hospital, children's hospital, or an adult inpatient unit,' the report said. Only five children were admitted to adult units last year, the lowest recorded. CEO John Farrelly welcomed the 'continued decline in restrictive practices' across all services. He noted some centres had fixed long-standing problems, saying: 'These services have demonstrated that poor levels of compliance can be reversed.' He also warned: 'The number of non-compliances rated as high and critical increased on previous years." The commission took 31 enforcement actions across 20 centres, including twice proposing to limit new admissions. Cork and Kerry accounted for 11.52% of physical restraint episodes last year, and the southeast, including Tipperary and Waterford, for 10.56%. The youngest resident physically restrained anywhere was 12 and the oldest was 86. There were 10 episodes of restraint using devices or bodily garments for between 25 minutes and four hours. Last year, there were 316 programmes of Electro-Convulsive Therapy notified for 235 patients in 16 approved centres. The HSE welcomed positive trends, saying six centres achieved 100% compliance, four of which were HSE facilities. Referring to non-compliances, a spokeswoman said: 'The new regional structure will improve how services are run in each area and provide a consistent quality of care across the country. 'HSE Mental Health will develop a detailed action plan with targeted initiatives to improve compliance in these areas.'

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