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The challenge of applying mental health law reform to the intellectual disability sector in Ireland

Published online by Cambridge University Press:  13 June 2014

Peter Leonard ,
John Hillery  and
Mary Staines
Peter Leonard
Affiliation:
Stewart's Hospital, Palmerstown, Dublin and St Raphael's, St John of God, Kildare Services, Celbridge, Co Kildare, Ireland
John Hillery
Affiliation:
Stewart's Hospital, Palmerstown, Dublin and St Raphael's, St John of God, Kildare Services, Celbridge, Co Kildare, Ireland
Mary Staines
Affiliation:
Stewart's Hospital, Palmerstown, Dublin 20, Ireland
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Abstract

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The full implementation of the Irish Mental Health Act 2001 brings about the introduction of an altered legal definition of mental disorder, mandatory review of involuntary detention within a 21-day period and new statutory rules regarding the use of seclusion and mechanical means of bodily restraint. This legislation came into full effect on November 1, 2006. The implications of this for the intellectual disability psychiatry sector are profound and the full ramifications of these changes will only become fully apparent over time.

This also occurs at a time when we are facing unprecedented developments in government mental health policy, major changes to postgraduate training in psychiatry, difficulty recruiting appropriately skilled staff and increasing legal requirements on employers to ensure staff safety. Several of these drivers for change may appear at face value to be in conflict and a complex balance will be required if these changes are to be blended to ultimately improve the care provided to clients of our services.

Type
Editorial
Information
Irish Journal of Psychological Medicine , Volume 24 , Issue 2 , June 2007 , pp. 47 - 49
Copyright
Copyright © Cambridge University Press 2007

References

1.Mental Health Act 2001. Government Publications Sales Office, Sun Alliance house, Molesworth Street, Dublin 2.Google Scholar
2.A Vision For Change – Report of the Expert Group on Mental Health Policy. Department of Health and Children, Hawkins House, Dublin 2.Google Scholar
3.Proposed Model for the Delivery of a mental Health Service to People with an Intellectual Disability. Occasional Paper OP 58. Irish College of Psychiatrists, 2004.Google Scholar
4.Mental Health Commission Annual Report; including the Report of the Inspector of Mental Health Services 2005.Google Scholar
5.The Rules Governing the Use of Seclusion and Mechanical Means of Bodily Restraint. Mental Health Commission. November 2006.Google Scholar
6.Code of Practice on the Use of Physical Restraint in Approved Centres. Mental Health Commission. November 2006Google Scholar
7.Reference Guide To The Mental Health Act 2001. Mental Health Commission 2006.Google Scholar
8.Needs and Abilities – A policy for the Intellectually Disabled. Report of the Review Group on Mental Handicap Services. Government Publications Sales Office, Sun Alliance house, Molesworth Street, Dublin2. July 1990.Google Scholar
9.R v Bournewood Community and Mental Health NHS Trust, ex p L.[1998] 3 All ER.Google Scholar
10. R v Bournewood [1999] 1 Appeal Cases 458Google Scholar
11.Hillery, J, Tomkin, D, McAuley, A. The Irish perspective on patients who lack the capacity to consent to treatment. Psychiat Bull 1999; 23: 522–524.CrossRefGoogle Scholar
12.Bournewood Consultation. The approach to be taken in response to the judgement of the European Court of Human Rights in the ‘Bournewood’ case. Department of Health (UK). March 2005.Google Scholar
13.Dyer, C. Safeguards for people who lack capacity to consent are inadequate. BMJ July 2006; 333: 63.Google Scholar
13.HSE Service Planning Forum: Report of working Group. Health Service Executive, 2006.Google Scholar
14.Vision For Change – Report of the Expert Group on Mental Health Policy. Department of Health and Children, Hawkins House, Dublin 2.Google Scholar