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ANNUAL REPORT 2015
On this basis, the Ombudsman recommended that the Ministry reopen the case
in order to consider whether the scientist should be granted further access to
information.
2015-51. The legal position of minor patients under the Mental
Health Act and other issues concerning the use of coercion in
psychiatric treatment
Following monitoring visits to adolescent psychiatric wards, the Ombudsman
opened a case on his own initiative concerning problems in relation to the use
of coercion in psychiatric wards. An important issue was the legal position of
minor patients under the Mental Health Act.
The Ministry of Health stated that psychiatric treatment of patients under 15
years and immature 15- to 17-year-old patients initiated with the consent of a
person with parental authority is not considered coercion within the meaning of
the Mental Health Act. If, on the other hand, treatment is initiated without the
informed consent of a person with parental authority, this must always be done
in compliance with the Mental Health Act. The Ministry was drafting a bill to
amend the Mental Health Act and expected the bill to propose clearer rules on
the legal position of minor patients. The Ombudsman took note of this.
Another issue was the relationship between the Act on Due Process in Connection with the Public Administration’s Use of Coercive Measures and Duties of
Disclosure and section 19 a of the Mental Health Act. Thus, section 19 a of the
latter Act contains provisions on, among other things, searches of patient rooms
in psychiatric wards, whereas the former Act applies to certain coercive measures used by authorities outside criminal procedure.
The Ministry of Health and the Ministry of Justice were of the opinion that
some of the measures listed in section 19 a of the Mental Health Act are
covered by the Act on Due Process in Connection with the Public Administration’s Use of Coercive Measures and Duties of Disclosure. The Ministry of
Health stated that the latter Act applies to measures used with the patient’s
informed consent under the Mental Health Act, cf. the Health Act. The Ministry assumed that this is also the case when a minor patient or a person with
parental authority has given his or her consent under the Mental Health Act,
cf. the Health Act. Therefore, when it is decided to use coercive measures under
section 19 a of the Mental Health Act or to search a patient’s room with his or
her informed consent, it must be ensured that the provisions on case processing
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