MHApps Take Control – Government Law Legislation For Mental Health – Description of Irish Legal Entitlements For Citizens
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A number of important things have happened in the last 7 years to improve the status of mental health in Ireland. The Mental Health Act 2001 introduced new procedures for the involuntary detention of people experiencing a mental disorder and established the Mental Health Commission. In 2005 the Department of Health and Children published “A Vision For Change.” This document details a comprehensive model of mental health service provision for Ireland.
At the centre of these changes is a clear focus on the “best interests” of the person (Mental Health Act) and the principle of recovery to guide and deliver those best interests for each individual. The Mental Health Commission has published a number of very useful documents, including two on the process and delivery of a recovery oriented mental health service and a user’s guide to the Mental Health Act.
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The Mental Health Act 2001 has been fully implemented since 1 November 2006. This means that from that date, the rules about admission to psychiatric hospitals and the rights of psychiatric patients changed. New procedures are being put in place for the monitoring and regulation of standards of care in psychiatric hospitals. Some parts of the Act have been in effect since 2002. The Mental Health Commission and the Inspector of Mental Health Services have been in operation for a number of years.
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The Mental Health Act 2001 makes sure your best interests are the most important aspect of mental health law. The Mental Health Act 2001 brings Irish law into line with international human rights standards.
The Act says that you have the right to receive good quality mental health care. Mental health services must be properly run and properly regulated. People working in the mental health services have to make sure that you are treated in a way that respects your rights as an individual. You should be treated with respect and dignity. (Your Guide to the Mental Health Act 2001. Mental Health Commission)
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The Mental Health Commission is an independent statutory body established under the Mental Health Act 2001. It has a dual mandate to protect the interests of any person admitted involuntarily into an Approved Centre, and to promote, encourage and foster the establishment and maintenance of high standards and good practices in the delivery of mental health services.
The work of the Mental Health Commission is underpinned by the core values of equity, accountability, dignity, respect and empowerment. It is committed to promoting and regulating quality mental health services for all.
The Mental Health Commission is responsible for maintaining a Register of Approved Centres. The in-patient care and treatment of persons with a diagnosis of mental illness or mental disorder may only be carried out in Approved Centres.
The Inspector of Mental Health Services, appointed by the Commission, monitors the standard of care provided in Approved Centres and in any other premises where mental health services are being provided, as he or she thinks appropriate. Mental health services means services, which provide care and treatment to persons suffering from a mental illness or a mental disorder under the clinical direction of a consultant psychiatrist
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In the carrying out of its functions the Mental Health Commission is committed to respecting and upholding the best interests of any person who may be affected by the provisions of the Mental Health Act 2001. (Mental Health Commission)
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A Vision for Change details a comprehensive model of mental health service provision for Ireland. It describes a framework for building and fostering positive mental health across the entire community and for providing accessible, community-based, specialist services for people with mental illness.
An expert group, which combined the expertise of different professional disciplines, health service managers, researchers, representatives of voluntary organisations, and service user groups developed this policy.
A broad consultation process was undertaken between the expert group and service users and providers, through invited formal submissions and through public meetings. The results of this consultation process were published in 2004, and critically informed the policy described in this document.
A Vision for Change builds on the approaches to mental health service provision proposed in previous policy documents.
It proposes a holistic view of mental illness and recommends an integrated multidisciplinary approach to addressing the biological, psychological and social factors that contribute to mental health problems. It proposes a person-centred treatment approach, which addresses each of these elements through an integrated care plan, reflecting best practice, evolved and agreed with service users and their carers. Special emphasis is given to the need to involve service users and their families and carers at every level of service provision.
This policy envisions an active, flexible and community based mental health service where the need for hospital admission will be greatly reduced.
You can view the full contents of A Vision For Change on the Department of Health and Children’s website: www.dohc.ie/publications
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Interventions should be aimed at maximising recovery from mental illness, and building on the resources within service users and within their immediate social networks to allow them to achieve meaningful integration and participation in community life.