Section Four National Preventive Mechanism member profiles
To safeguard patients, certain treatments
(such as electro-convulsive therapy) provided
under mental health legislation require a
patient’s consent, or the agreement of an
independent doctor that the treatment
proposed is appropriate for the patient’s
specific needs. HIW provides these
independent doctors through its ‘second
opinion appointed doctors’ service. In 2009–
10, HIW received 836 requests for second
opinions.
Summary of activities and
key issues
In 2009–10, HIW carried out 91 visits to 51
hospitals where patients were detained
under mental health legislation. It spoke to
more than 200 patients, either informally
in private interviews or as part of group
meetings. It also examined the documents
of around 200 patients to monitor whether
detaining authorities were following
statutory procedures and national guidelines.
HIW has identified recurring issues as a result
of its visits, many of which relate to the
quality and environment of care rather than
the legalities of detention. Several concerns
related to consent and capacity such as a
lack of understanding by staff of capacity
issues, failure to make clear assessments of
capacity, difficulties in managing fluctuating
capacity and difficulties in adhering to legal
processes.
In 2009, HIW commenced a special
programme of visits to mental health
services where people may be detained, the
purpose of which was to assess the dignity
and respect afforded to patients. Thirteen
hospitals were visited and HIW interviewed
patients, carers and staff, examined patient
records and observed the environment and
the care and treatment provided. A key
finding arising from these reviews was the
lack of therapeutic input on many of the
wards visited.
Also in 2009, HIW published a report on
child and adolescent mental health services
in partnership with other regulatory and
inspecting bodies in Wales, including CSSIW.
The report detailed findings of a review of
inpatient provision for those under the age
of 18, including those detained under mental
health legislation. It also touched on mental
health services for young people in prison or
secure accommodation. The report identified
several concerns, including inconsistency in
provision across Wales, the inappropriate
placement of children in paediatric or adult
mental health wards, a lack of specialist
mental health services, inadequate
arrangements for the transition to adult
services and a failure to involve children in
planning their care.
Looking forward
Like the CQC in England, HIW has found
that health services in Wales are making
lower than expected use of the deprivation
of liberty safeguards. HIW will explore the
reasons for this and will undertake a more
systematic data gathering exercise in 2010–
11. It will also undertake a number of special
reviews which will include looking at the
care and treatment of detained patients. One
review concerns the use of physical restraint
and whether it is used safely and only when
absolutely necessary. Another will examine
how mental health service providers manage
the risk of suicide.
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