Mental Health Act 2001

Information

The Mental Health Act 2001 has been fully implemented from 1 November 2006. This means that, from that date, the rules about admission to psychiatric hospitals and the rights of psychiatric patients change. 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.

Best interests of the patient

The principal consideration which applies, when any decisions under the Act are being made about the care and treatment of a person, is the best interests of the person with due regard being given to the interests of other people who may be at risk of serious harm if the decision is not made. People who are being admitted or to whom treatment is being administered must be given an opportunity to express their views and have those views taken into account as far as is practicable. When decisions are being made under the Act, due regard must be given to the need to respect a person’s right to dignity, bodily integrity, privacy and autonomy.

Mental Health Commission

The Mental Health Commission has been in existence since 2002. Its main functions are
• to protect the interests of people who have been involuntarily admitted to 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.

It is responsible for implementing the provisions of the Act in relation to involuntary admission, for setting up the mental health tribunals and ensuring that the rights of patients are respected. It has drawn up the forms necessary for the various processes and issued guidelines for people involved in the mental health system.