Skip to main content
×
×
Home

Revising, reforming, reframing: Report of the Expert Group on the Review of the Mental Health Act 2001 (2015)

  • B. D. Kelly (a1)
Abstract

Involuntary psychiatric admission and treatment in Ireland is chiefly governed by the Mental Health Act 2001. The Irish government announced a review of the 2001 Act in July 2011, and the Report of the Expert Group on the Review of the Mental Health Act 2001 was published on 5 March 2015. The report, which constitutes advice to the Minister for Primary Care, Social Care (Disabilities & Older People) and Mental Health, presents 165 recommendations relating to virtually all areas of the Act. It recommends that ‘insofar as practicable, a rights based approach should be adopted throughout any revised mental health legislation’ and that the principle of ‘best interests’ should be replaced by an alternative set of principles as follows: ‘the enjoyment of the highest attainable standard of mental health, with the person’s own understanding of his or her mental health being given due respect; autonomy and self-determination; dignity (there should be a presumption that the patient is the person best placed to determine what promotes/compromises his or her own dignity); bodily integrity; and least restrictive care’. The Report presents a series of other recommendations aimed at increasing multi-disciplinary involvement in key decisions, promoting human rights and strengthening inspections of community facilities. Overall, the package of measures outlined in the Report is complex, interesting and worthy of debate.

  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      Revising, reforming, reframing: Report of the Expert Group on the Review of the Mental Health Act 2001 (2015)
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      Revising, reforming, reframing: Report of the Expert Group on the Review of the Mental Health Act 2001 (2015)
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      Revising, reforming, reframing: Report of the Expert Group on the Review of the Mental Health Act 2001 (2015)
      Available formats
      ×
Copyright
Corresponding author
*Address for correspondence: B. D. Kelly, Department of Adult Psychiatry, UCD School of Medicine and Medical Science, Mater Misericordiae University Hospital, University College Dublin, 62/63 Eccles Street, Dublin 7, Ireland. (Email: brendankelly35@gmail.com)
References
Hide All
Bennett, DM (2014). The UN convention on the rights of persons with disabilities and UK mental health legislation. British Journal of Psychiatry 205, 7677.
Expert Group on Mental Health Policy (2006). A Vision for Change. The Stationery Office: Dublin.
Expert Group on the Review of the Mental Health Act 2001 (2015). Report of the Expert Group on the Review of the Mental Health Act 2001. Department of Health and Children: Dublin.
Guruswamy, S, Kelly, BD (2006). A change of vision? Mental health policy. Irish Medical Journal 99, 164166.
Kelly, BD (2011). Mental health legislation and human rights in England, Wales and the Republic of Ireland. International Journal of Law and Psychiatry 34, 439454.
Kelly, BD (2014). An end to psychiatric detention? Implications of the United Nations convention on the rights of persons with disabilities. British Journal of Psychiatry 204, 174175.
Mudiwa, L (2005). Ireland signs WHO declaration on mental health. Medicine Weekly 3, 18.
Review Group (2009). Limited Review of the Mental Health (Care and Treatment) (Scotland) Act 2003: Report. Scottish Government: Edinburgh.
Scull, A (2005). The Most Solitary of Afflictions: Madness and Society in Britain, 1700–1900. Yale University Press: New Haven and London.
Shorter, E (1997). A History of Psychiatry: From the Era of the Asylum to the Age of Prozac. John Wiley and Sons: New York.
Steering Group on the Review of the Mental Health Act 2001 (2012). Interim Report of the Steering Group on the Review of the Mental Health Act 2001. Department of Health: Dublin.
United Nations (UN) (2006). Convention on the Rights of Persons with Disabilities. United Nations: New York.
World Health Organisation (1996). Mental Health Law: Ten Basic Principles. World Health Organisation: Geneva.
World Health Organisation (2005). WHO Resource Book on Mental Health, Human Rights and Legislation. World Health Organisation: Geneva.
World Health Organisation Ministerial Conference on Mental Health (2005a). Mental Health Declaration for Europe. World Health Organisation: Helsinki.
World Health Organisation Ministerial Conference on Mental Health (2005b). Mental Health Action Declaration for Europe. World Health Organisation: Helsinki.
Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Irish Journal of Psychological Medicine
  • ISSN: 0790-9667
  • EISSN: 2051-6967
  • URL: /core/journals/irish-journal-of-psychological-medicine
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Keywords

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Abstract views

Total abstract views: 0 *
Loading metrics...

* Views captured on Cambridge Core between <date>. This data will be updated every 24 hours.

Usage data cannot currently be displayed