John Farrelly: alarming increase in applications by Gardaí to detain people against their will

The 2020 Annual Report of the Mental Health Commission shows that the COVID-19 pandemic caused profound suffering and stress amongst residents and staff o inpatient mental health services. As the regulator, we want to compliment services for their collaborative, flexible and committed efforts to protect residents. The actions of staff throughout the pandemic undoubtedly saved many lives.

However, the report also reveals that some of the most serious and persistent weaknesses of Ireland’s mental health system have been critically exposed by the virus.

We have expressed concerns about a significant jump in applications made by An Garda Síochána to involuntarily detain patients; the poor physical standards and unsuitability of many buildings to allow for the proper care and treatment of people with mental illness; and limited and delayed access to inpatient and community mental health services.  Simply, the report lays bare where our mental health system requires urgent attention, investment, revision, and reform.

The most alarming aspect of this year’s report relates to people with a mental illness who were detained against their will. The 2020 data shows that, for the first time, the highest number of applications to involuntarily detain people came from An Garda Síochána. This is extremely concerning, and even more so given that it happened during COVID-19 when people who required treatment might have been even more vulnerable.

Both the expert group that reviewed the 2001 Mental Health Act six years ago, and the current Heads of Bill to amend the same Act, recommend that the only person to sign applications for involuntary admission to an inpatient centre should be an authorised officer of the health service. The thought process behind this is that it will have the effect of lessening the burden on families and carers, while it will also reduce the involvement of Gardaí in the admission process.

Instead, in every year since 2007, the lowest number of applications to detain someone against their will have come from the HSE’s authorised officers. It is abundantly clear, therefore, that this part of the Act has never been properly implemented and this area needs particular focus and scrutiny ahead of the publication of the amended Act. We acknowledge that funding and resources will be required but this investment is imperative as we cannot allow applications by the Gardaí to continue.

You can read our 2020 Annual Report here.