The Irish Human Rights Commission (IHRC) today confirmed before the High Court that it will be intervening as amicus curiae in a case concerning the rights of a person defined as a "voluntary patient" under the Mental Health Act 2001, but who in fact was being treated in a locked ward which he could not leave at will. A date for hearing is yet to be confirmed.
The proceedings arise from a decision of the High Court on 1 February 2012 in PL v The Clinical Director of Saint Patrick’s University Hospital & Anor, concerning a challenge to the alleged detention of a patient in a psychiatric ward. It was decided by the High Court that the ongoing treatment of the patient in a locked psychiatric ward, after he had been discharged from the order detaining him there, was in compliance with the Mental Health Act 2001. The decision of the Court was based on the fact that there was an established need for ongoing psychiatric care, and the consultant responsible for the care of the patient was not satisfied that he was ready to be treated in a less restrictive environment. In addition the patient concerned, although expressing a wish to leave the ward on a number of occasions, and indeed after attempting to physically leave on at least one occasion, was persuaded to remain in the locked ward as a voluntary patient by staff of the hospital.
Mr Des Hogan, Acting Chief Executive of the IHRC, in commenting on the intervention stated:
"in our intervention before the Court the IHRC will draw attention to its previous recommendations on the definition of voluntary patient under the Mental Health Act 2001 and the human rights implications of the current definition in relation to the right to liberty under the Constitution and the European Convention on Human Rights. The matters that the Commission will highlight in this case are thus the human rights standards that should apply to all patients treated under the Mental Health Act, whether they are deemed voluntary or not."
Mr Hogan went on to state:
"although there is presently an ongoing review of the Mental Health Act 2001, it is unclear whether if it will clarify the situation at issue in this case, namely those "voluntary" patients who do not object but do not consent to treatment in a psychiatric facility, or those who expressly object to being detained in a psychiatric facility, but cannot challenge their stay because they do not have access to the mental health tribunal system that applies to involuntary patients. It is the human rights standards and protections that apply in relation to such patients that the Court will be called on to address in the present case. This is why the IHRC considered it important to intervene, as the outcome of the case is of considerable significance for the large number of people treated under the Mental Health Act every year and the doctors and staff that are responsible for their care."
The IHRC Submission will be placed on its website after the hearing of the proceedings in due course.
ENDS/
For further information please contact Fidelma Joyce, IHRC, 01 858 9601 or 087 7834939
Notes To Editor
Under section 8(h) of the Human Rights Commission Act 2000, the IHRC may, at the discretion of the High Court or the Supreme Court, appear as amicus curiae in proceedings that involve or are concerned with the human rights of any person.
Section 2 of the Human Rights Commission Act, 2000 defines "human rights" to include those rights conferred on or guaranteed to persons under the Constitution and under any agreement, treaty or convention to which the State is a party.
The IHRC first appeared as amicus curiae before the Supreme Court in April 2005 in the case of Dublin City Council v Fennell which involved issues regarding the interpretation and effect of the European Convention on Human Rights Act. Since then it has been granted liberty to appear before the Supreme Court and High Court in fourteen cases.
The IHRC was put on notice of these proceedings pursuant to section 6(1) of the European Convention on Human Rights Act 2003 which require certain human rights cases to be notified to the Commission.
Section 2 of the Mental Health Act 2001 defines a voluntary patient as anyone who is not an involuntary patient:
"a person receiving care and treatment in an approved centre who is not the subject of an admission order or a renewal order."
The IHRC Policy Paper on Section 2 of the Mental Health Act 2001 was issued on 1 February 2010.