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  3. The Mental Health Commission and HSE reach agreement on Cork HSE centre
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The Mental Health Commission and HSE reach agreement on Cork HSE centre

12 January 2023

The Mental Health Commission (MHC) appeared before the district court in Bantry this week in relation to regulatory actions which it initiated against  the Health Service Executive (HSE). As noted in court, the case concerned the imposition of a condition by the MHC relating to the registration of the centre and the HSE proceedings to appeal the Mental Health Commission decision.

The HSE have formally withdrawn their appeal and have agreed to accept a revised condition to the registration of the inpatient centre.

On foot of engagement between the parties, the MHC has revised its original condition of reducing beds from 18 to 11.  Instead, the MHC have imposed a condition to reduce bed numbers from 18 to 15 on the basis the HSE has given undertakings to complete works to address ligature risks and make the building safer and more appropriate for residents. The wording of the condition has been agreed to the satisfaction of both parties.

The HSE has agreed to limit the number of residents at the approved centre, the Centre for Mental Health Care & Recovery, Bantry General Hospital until such time as all proposed works to remove ligature risks and provide additional communal space have been completed so residents are safe and the building is brought in to compliance with regulatory requirements.

The MHC notes that any failure on the part of the HSE to comply with the revised Condition, once attached, would constitute a contravention of a condition of registration, which is an offence under Section 64(13) of the Mental Health Acts 2001- 2018.

The Chief Executive of the Mental Health Commission, John Farrelly said: “We will monitor the condition attached to the centre in the interests of patient’s safety. We have revised the condition as we have received sufficient reassurances and commitments from them that will address the issues at hand.”

The MHC welcome the commitments from the HSE to address our concerns and will closely monitor their progress and implementation.

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