All of the functions (and regulations made thereunder) under the Mental Health Act 2001, including the Approved Centre Regulations 2006, have been delegated to me, as Minister for Mental Health, under the Health (Delegation of Ministerial Functions) Order.
As the Deputy is aware, the Mental Health Commission inspects approved inpatient centres at least annually to ensure compliance with standards, using a process of risk-rated assessments (low to critical), site visits, and interviews. Approved centres are inspected to examine their compliance levels with regulations, rules and Part 4 of the Mental Health Act 2001 and codes of practice.
As part of its governance role, the Department receives inspection reports of approved centres from the Inspector of Mental Health Services of the Mental Health Commission. I am informed by officials of the findings of such reports. It is important to note that inspection reports are a point-in-time assessment of compliance with regulations at the time of inspection. The inspection reports of the Mental Health Commission reflect an accurate assessment of the risk under the Commission’s remit. The person with primary responsibility for the quality and safety of care in mental health centres is the registered proprietor. One of the key drivers of the forthcoming Mental Health Bill and the new National Policy Framework for Adult Safeguarding (2025) is to introduce greater scrutiny of how registered proprietors fulfil their responsibilities to the people in their care. I understand that the Mental Health Commission cannot comment on individual approved centres in circumstances where there is ongoing formal escalation, in order to avoid undermining the regulatory process.
More broadly, as the Deputy is aware, the primary functions of the Mental Health Commission are to foster and promote high standards of care and good practice in the delivery of mental health services and to ensure that the interests of those involuntarily admitted are protected, pursuant to the Mental Health Act 2001. The Department ensures that the Mental Health Commission’s performance is in line with performance and oversight agreements, which are updated on an annual basis. Regular governance meetings are held with the Mental Health Commission. The Department is in ongoing communication with the HSE and the Mental Health Commission in relation to governance issues for the hospital in question.
