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Jump To Comment: 2 1We've just attended a Mental Health Tribunal for a family member who has been involuntarily detained for several years. The Mental Health Act, 2001, whilst well meaning has become its own antithesis in its construction by the courts. Tribunals circumvent the intent of the Act and allow patients to be warehoused in crumbling outdated "treatment" centres by accepting testimony from 'responsible' consultant psychiatrists that mere sedation is a 'material benefit' that needn’t have a beneficial or ameliorating affect during the period of proposed renewed detention. In addition, the psychiatrists are being advised by HSE legal teams and CMH forensics to issue the maximum 12 month detention periods to avert the cost that shorter, more reasonable, medically-necessitated detainment periods would entail (shorter detentions means more tribunals and higher costs for both HSE and the Mental Health Commission).
Apparently Mental Health tribunals are absolutely privileged and no details of their internal proceedings can be published by the press. I have attended two tribunals and can say that there is gross unfairness in their implementation as patients are not allowed to face their accusers and not afforded the right of reply. Nor are patients allowed to call witnesses or request that documents be produced in evidence (in contradiction to the information on the MHC website). I was shocked and sickened. The appeal process, too, is flawed in that only patients who can bring in their own independent medical specialists stand a chance of overriding the findings of the Tribunal, and independent psychiatric opinion is most rare in this country. If you seek independence you must bring in a specialist from far abroad (beyond Ireland/UK), as the community of psychiatrists form a stark grey line that protects its own at all costs.
The Mental Health Commission must sharply discipline the psychiatric establishment in Ireland now, particularly the forensic psychiatrists who stand over responsible consultants and dictate the treatment of patients in contradiction to the provisions of the Act, as well as the proprietors of approved centres where patients are warehoused for years without real benefit or recuperative therapy.
Close theses centres of Bedlam and open community treatment centres now.
Caroline McGrath is director of the Irish Mental Health Coalition. The Mental Health Commission is a completely different, and Government run, organisation.
Otherwise, I agree with your points.