The Health Act 2007 specifies a number of organisations and individuals to which protected disclosures can be made (see list below). The organisation or individual to which you should report your concern depends on: - Whether you are a health service employee or a member of the public; and
- The organisation or individual about which you are making the disclosure.
If you have a concern about the standards of safety or quality of mental health services, protected disclosures can be made to the Mental Health Commission and/or the Inspector of Mental Health Services in certain circumstances. A member of the public or an employee of a mental health service can make a protected disclosure to the Inspector of Mental Health Services when he or she is in the course of an inspection carried out in accordance with section 51 of the Mental Health Act 2001. The disclosure is protected if the person has reasonable grounds for believing that it will show a risk to the health or welfare of the public. An employee of a mental health service other than a mental health service provided by the HSE or on behalf of the HSE can make a protected disclosure to the Mental Health Commission or the Inspector of Mental Health Services. Such a disclosure will be protected if an employee has reasonable grounds to believe that: | a) | The actions of any person employed by the person providing the services or acting on his/her behalf has posed, is posing or is likely to pose a risk to the health or welfare of a person receiving the service; and/or | | b) | A person providing the services has failed, is failing or is likely to fail to comply with the Mental Health Acts 1945 – 2001, the Mental Health Act 2001 (Approved Centres) Regulations 2006 or any other statutory obligation; and/or | | c) | The evidence of any issue referred to in a) or b) above has been or is likely to be deliberately concealed or destroyed. |
An employee of a mental health service provided by or on behalf of the HSE who wishes to make a protected disclosure should do so to the HSE’s Authorised Person. This person has been appointed by the HSE to investigate all disclosures about the HSE or any of the services provided by or on behalf of the HSE. The authorised person’s contact details are: Larry Walsh
HSE Authorised Person
PO Box 11571
Dublin 2
Phone: 01 662 6984
However, there are certain circumstances in which an employee of a mental health service provided by or on behalf of the HSE can make a protected disclosure to the Mental Health Commission or the Inspector of Mental Health Services. This can occur if the employee has grounds to believe that: | a) | The disclosure is justified by the reason of the urgency of the matter; or | | b) | There has been no investigation of the matter or if an investigation has taken place, there has been no action or recommended action on the subject matter of the disclosure. |
There are a number of other organisations and individuals covered by this legislation. If you report a concern that may be a protected disclosure to the Mental Health Commission or the Inspector of Mental Health Services that is considered more appropriate for referral to another organisation or individual, the Commission/Inspector will advise you to contact the appropriate organisation or individual. For example, if your concern is about an individual medical practitioner, nurse, pharmacist or other healthcare professional, you will be advised to contact the regulatory body which is responsible for that profession. The Commission/Inspector may also become aware of protected disclosures which have been referred on from other individuals/organisations specified in the legislation in a similar manner. |