Opinions of key stakeholders concerning involuntary
admission of patients under the Mental Health
Act 2001
I. Georgieva
1
, E. Bainbridge
1,2
, D. McGuinness
2,4
, M. Keys
3
, L. Brosnan
4
, H. Felzmann
5
,
J. Maguire
6
, K. Murphy
7
, A. Higgins
8
, C. McDonald
1,2
and B. Hallahan
1,2,
*
1
School of Medicine, Clinical Science Institute, National University of Ireland Galway, Galway, Ireland
2
Department of Psychiatry, University Hospital Galway, Galway Roscommon Mental Health Services, Galway, Ireland
3
School of Law, National University of Ireland, Galway, Ireland
4
Centre for Disability Law and Policy, National University of Ireland, Galway, Ireland
5
Philosophy and School of Humanities, National University of Ireland, Galway, Ireland
6
Department of Nursing and Health Sciences, Athlone Institute of Technology, Athlone, Ireland
7
School of Nursing and Midwifery, National University of Ireland, Galway, Ireland
8
School of Nursing and Midwifery, Trinity College Dublin, Dublin, Ireland
Objectives. To evaluate and compare the opinions of key stakeholders involved in the involuntary admission and
treatment of patients under the Mental Health Act (MHA) 2001 regarding their views towards the operation of the
legislation.
Methods. We employed a descriptive survey design. A questionnaire was distributed to stakeholders involved in the
operation of the MHA 2001 (except service users, whose views were explored in a separate qualitative study) via paper or
online versions evaluating their opinions regarding the operation of the MHA 2001 in relation to assessment, care, rights,
transfer and information available.
Results. Stakeholders agreed that in their opinion that patients generally benefit from the care they receive (79%) and that
the MHA 2001 ensures an independent and fair review of the person’s detention (65%). However, only 23% of
stakeholders were satisfied with the process of transferring patients to hospital and with the clinical assessment
procedures therein (37%), with the greatest levels of dissatisfaction amongst Gardai (Police), general practitioners (GPs)
and family members.
Conclusions. While the introduction of the MHA 2001 has assisted delivery of care to patients with improved adherence
to international human rights frameworks applicable at the time of its enactment, substantial dissatisfaction with the
implementation of the MHA 2001 in practice is experienced by stakeholders particularly at the distressing phase of clinical
assessment and transfer to hospital.
Received 12 November 2015; Revised 21 December 2015; Accepted 12 January 2016; First published online 12 February 2016
Key words: Approved centres, Mental Health Act 2001, mental health tribunals.
Introduction
On 1 November 2006, the Mental Health Act (MHA)
2001 replaced the previous legislation, the Mental
Treatment Act (MTA) 1945, relating to the involuntary
detention and treatment of patients in the Republic of
Ireland. The MHA 2001 took into account international
legal frameworks such as the European Convention for
the Protection of Human Rights and Fundamental
Freedoms (1950), and the United Nations Principles
for the Protection of Persons with Mental Illness
and the Improvement of Mental Health Care (1991).
Accordingly, the MHA 2001 updated the legislative
framework within which a person with a mental
disorder can be admitted, detained and treated
involuntarily in an approved centre, with formal
review of their detention and treatment at regular
intervals. Individuals could be admitted involuntarily
either as ‘temporary patients’ or ‘persons of unsound
mind’ under the MTA 1945. The detention order for
temporary patients lasted for 6 months and could be
extended by periods of 6 months up to a maximum
total duration of 18 months. The detention order for
‘persons of unsound mind’ was of indefinite duration.
No formal review of detention orders was auto-
matically undertaken under the MTA 1945. The process
of transferring a patient into hospital under the MTA
1945 was largely similar to the present process under
* Address for correspondence: Dr B. Hallahan, School of Medicine,
Clinical Science Institute, National University of Ireland Galway,
Galway, Ireland
(Email: brian.hallahan@nuigalway.ie)
Irish Journal of Psychological Medicine (2017), 34, 223–232. © College of Psychiatrists of Ireland 2016 ORIGINAL RESEARCH
doi:10.1017/ipm.2016.6