Chapter 32
Mental Health Act 2001
286
, Chapter 32: Mental Health Act 2001
Introduction
Most patients in psychiatry are managed outside of hospital, in the community.
The sickest patients are admitted to hospital.
Most patients in psychiatry wards are admitted on a voluntary basis. This means that the patient agrees to be
admitted.
A small proportion of admissions are involuntary under the Mental Health Act 2001 (MHA 2001).
Mental Health Act 2001 is an Act to provide for the involuntary admission to approved centres of people
suffering from a mental disorder, and to provide for the independent review of the involuntary admission of such
individuals.
In this Act ‘mental disorder’ means mental illness, severe dementia or significant intellectual disability
where:
A. Because of the illness, disability or dementia there is a serious likelihood of the person concerned
causing immediate and serious harm to himself/herself or to other persons, OR
B. (i). Because of the severity of the illness, disability or dementia, the judgement of the person concerned
is so impaired that failure to admit the person to an approved centre would be likely to lead to a serious
deterioration in his/her condition or would prevent the administration of appropriate treatment that could
only be given by such admission, AND
(ii). The reception, detention and treatment of the person concerned in an approved centre would be likely
to benefit or alleviate the condition of that person to a material extent.
Exclusion criteria for involuntary admission exist. It is not lawful to detain a person involuntarily in an approved
centre solely because that person is:
A. Suffering from a personality disorder.
B. Is socially deviant, or
C. Is addicted to drugs or intoxicants.
Admission should only occur when the individual’s primary difficulty is one of mental illness or mental disorder.
The best interests of the individual must be the primary consideration when deciding whether or not to admit with
due regard being given to the interests of others who may be at risk of serious harm if the person is not admitted.
If it is clinically determined that the individual is in need of immediate inpatient mental health care and treatment
after reference to the above criteria, he or she should be admitted to an approved centre.
The decision to admit should be made after exploring alternative treatment options.
Note: The Mental Health Commission, established under the Mental Health Act 2001, is an independent statutory body.
One of its statutory duties is to promote, encourage and foster high standards and good practices in the delivery of
mental health services.
Involuntary admission procedure
1. Step 1: Application
A person may be involuntarily admitted to an approved centre and detained there on the grounds that
he/she is suffering from a mental disorder.
People who may apply for involuntary admission:
o The spouse or a relative of the person.
o An authorised officer (i.e. an officer of the Health Service Executive [HSE] Area who is designated by
the Chief Officer of the HSE Area for the purposes of making such applications).
o A member of the Gardaí, or
o Any other person.
People who are disqualified for applying for involuntary admission:
o A person under the age of 18 years.
o An authorised officer or a member of the Gardaí who is a relative of the person or of the spouse of the
person.
o A member of the governing body, or the staff, or the person in charge of the approved centre
concerned.
o Any person with an interest in payments to be made in respect of the taking care of the person
concerned in the approved centre concerned.
o Any registered medical practitioner who provides a regular medical service at the approved
centre concerned.
o The spouse, parent, grandparent, brother, sister, uncle or aunt of any of the people mentioned
above, whether of whole blood or half blood.
The applicant must have observed the person who is the subject of the application not more than 48 hours
before the date of making the application.
287
Mental Health Act 2001
286
, Chapter 32: Mental Health Act 2001
Introduction
Most patients in psychiatry are managed outside of hospital, in the community.
The sickest patients are admitted to hospital.
Most patients in psychiatry wards are admitted on a voluntary basis. This means that the patient agrees to be
admitted.
A small proportion of admissions are involuntary under the Mental Health Act 2001 (MHA 2001).
Mental Health Act 2001 is an Act to provide for the involuntary admission to approved centres of people
suffering from a mental disorder, and to provide for the independent review of the involuntary admission of such
individuals.
In this Act ‘mental disorder’ means mental illness, severe dementia or significant intellectual disability
where:
A. Because of the illness, disability or dementia there is a serious likelihood of the person concerned
causing immediate and serious harm to himself/herself or to other persons, OR
B. (i). Because of the severity of the illness, disability or dementia, the judgement of the person concerned
is so impaired that failure to admit the person to an approved centre would be likely to lead to a serious
deterioration in his/her condition or would prevent the administration of appropriate treatment that could
only be given by such admission, AND
(ii). The reception, detention and treatment of the person concerned in an approved centre would be likely
to benefit or alleviate the condition of that person to a material extent.
Exclusion criteria for involuntary admission exist. It is not lawful to detain a person involuntarily in an approved
centre solely because that person is:
A. Suffering from a personality disorder.
B. Is socially deviant, or
C. Is addicted to drugs or intoxicants.
Admission should only occur when the individual’s primary difficulty is one of mental illness or mental disorder.
The best interests of the individual must be the primary consideration when deciding whether or not to admit with
due regard being given to the interests of others who may be at risk of serious harm if the person is not admitted.
If it is clinically determined that the individual is in need of immediate inpatient mental health care and treatment
after reference to the above criteria, he or she should be admitted to an approved centre.
The decision to admit should be made after exploring alternative treatment options.
Note: The Mental Health Commission, established under the Mental Health Act 2001, is an independent statutory body.
One of its statutory duties is to promote, encourage and foster high standards and good practices in the delivery of
mental health services.
Involuntary admission procedure
1. Step 1: Application
A person may be involuntarily admitted to an approved centre and detained there on the grounds that
he/she is suffering from a mental disorder.
People who may apply for involuntary admission:
o The spouse or a relative of the person.
o An authorised officer (i.e. an officer of the Health Service Executive [HSE] Area who is designated by
the Chief Officer of the HSE Area for the purposes of making such applications).
o A member of the Gardaí, or
o Any other person.
People who are disqualified for applying for involuntary admission:
o A person under the age of 18 years.
o An authorised officer or a member of the Gardaí who is a relative of the person or of the spouse of the
person.
o A member of the governing body, or the staff, or the person in charge of the approved centre
concerned.
o Any person with an interest in payments to be made in respect of the taking care of the person
concerned in the approved centre concerned.
o Any registered medical practitioner who provides a regular medical service at the approved
centre concerned.
o The spouse, parent, grandparent, brother, sister, uncle or aunt of any of the people mentioned
above, whether of whole blood or half blood.
The applicant must have observed the person who is the subject of the application not more than 48 hours
before the date of making the application.
287
