National Preventive Mechanism Second Annual Report 2010–11
MWCS also adopts a more strategic
approach to its work, frequently responding
to government and Scottish Parliament
consultations. One such response concerned a
proposal to extend the scope of fatal accident
inquiries to include automatically anyone
who dies in mental health detention. MWCS
rejected this proposal in favour of a twostage process under which cases can first be
screened to avoid the need for an inquiry into
a death from natural causes.
MWCS has also highlighted to the Scottish
government and others where it considers
that mental health and incapacity legislation
are incompatible with human rights law.
For example, it noted that when a person
detained under a long-term order is
transferred into Scotland, he is unable to
appeal against his detention until three
months have passed since the granting of the
order.
Northern Ireland
In Northern Ireland, mental health detention
is monitored by RQIA. More than 1,300
people were detained under mental health
law in 2010–11 and RQIA carried out 46
inspections of mental health and learning
disability services where people may be
detained. RQIA’s inspection programme is
supplemented by a programme of ‘patient
experience reviews’. This is aimed at keeping
under review the care and treatment provided
to detained patients and involves offering
each detained patient the opportunity to be
interviewed privately by an inspector. This
year, RQIA met 133 patients as part of this
programme.
A number of key themes arose from these
inspections, many of which were similar to
those identified in the rest of the UK, including
40
concerns about how patients are informed
of their rights; issues relating to informed
consent; and effective engagement with
patients in care planning and treatment. RQIA
was also concerned about patients’ limited
access to independent advocacy and a lack of
patient-focused information on admission and
discharge leading to continuity of care being
compromised. RQIA also identified several
instances of poor patient assessment.
Patient experience reviews highlighted
additional issues, such as patient privacy
and dignity; limits on patients’ time out
of the ward, whether accompanied or
unaccompanied; and limited access to
smoking facilities.
In 2011, RQIA published a review of child and
adolescent mental health services. This review
looked specifically at the care of under-18s on
adult wards, a number of whom are detained
under mental health law. The RQIA considers
that admission of a young person to an adult
ward constitutes admission to an inappropriate
environment. Nonetheless, it noted that, in
recent years, significant safeguards have been
developed and implemented regarding the
way in which young people on adult wards
are accommodated and managed.
Next year, as part of its inspections of mental
health and learning disability services, RQIA will
focus on the human rights theme of protection,
which will include an assessment of the use
of seclusion, restrictive practices and physical
restraint. It will also consider the safeguarding
of vulnerable adults and children in hospitals
and will conduct a review of risk assessment
and management in mental health services.
This latter activity will include a specific focus
on those patients with a dual diagnosis of
mental disorder and substance misuse.
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