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Electroconvulsive therapy, capacity and the law in Ireland

Published online by Cambridge University Press:  13 June 2014

Ross Dunne ,
Adam Kavanagh  and
Declan M McLoughlin
Ross Dunne*
Affiliation:
Department of Psychiatry, Trinity College Dublin, St Patrick's Hospital, Dublin 8, Ireland
Adam Kavanagh
Affiliation:
Department of Psychiatry and Trinity College Institute of Neuroscience, Trinity College Dublin, St. Patrick's Hospital, Dublin 8, Ireland
Declan M McLoughlin
Affiliation:
Department of Psychiatry and Trinity College Institute of Neuroscience, Trinity College Dublin, St. Patrick's Hospital, Dublin 8, Ireland
*
*Correspondence Email: ross.dunne@tcd.ie
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Abstract

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The Mental Health Act (MHA) 2001 has major implications for treating patients with electroconvulsive therapy (ECT), especially as those referred for treatment are among the most severely ill and often lose capacity. Under the MHA 2001, a person may only be treated without consent if they are an involuntary patient. However, there is no provision in the Act for treating voluntary inpatients whose mental state has deteriorated but who do not seek to leave hospital. Such people may lack capacity to make treatment decisions but be passively compliant.

The Wards of Court system is currently the only legal recourse but has been criticised by the Law Reform Commission and is unwieldy. Further legislation governing treatment of people lacking capacity to consent to ECT or withhold consent is required to protect and advance treatment of all concerned.

Keywords

Electroconvulsive therapyInformed consentCommitment of mentally illMental competency
Type
Editorial
Information
Irish Journal of Psychological Medicine , Volume 26 , Issue 1 , March 2009 , pp. 3 - 5
Copyright
Copyright © Cambridge University Press 2009

References

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