Mental Health Treatment
The principles applicable to other mental health proceedings are also applied to medical treatment. It is a strong principle that a person may not be medically treated without their consent.
If there is demonstrable basis to show that the person, due to a mental condition, does not have the capacity to understand and the basis of which the decision and its consequences should be weighed and considered and treatment without consent may be permissible. This must be strictly necessary to preserve the life, health, and well-being of the patient. It must be in his best interest. It must be carried out to save life or to ensure improvement or prevent deterioration of physical or mental health.
A person may apply to the High Court for a decision under the lawfulness of proposed treatment. In the case of important operations such as life-support, sterilization, and abortion, you have the targets and apply to court. The person is represented by the official solicitor.
The above principles are separate from the above general principles; the mental health order makes provisions in relation to patients obtained under it. Such patients may be detained without their consent at the direction of the medical officer subject to certain safeguards.
The treatment which destroys brain and tissue, or hormone designed to induce sex drive are prohibited unless the patient consent and the second medical opinion certifies as appropriate having regard to the likelihood of the treatment alleviating or preventing the condition. The second psychiatrist must be appointed by the Mental Health Commission for Northern Ireland.
In the case of electroconvulsive therapy, treatment is permissible if the patient consent and the authorized psychiatrist certifies that the patient has the capacity to consent. A patient cannot consent and the second opinion appointed doctor certifies he is incapable of consenting and the treatment should be given to alleviate or prevent deterioration of this condition even if the patient is capable of consenting but refuses to consent and the second opinion appointed doctor certifies but not refusal the patient should be given to alleviate or prevent deterioration of his continuing this condition.
The above provisions apply to electroconvulsive therapy and the administration of medicines. Safeguards apply where a person has been detained and has received such medicines for a period of three months.
In an emergency, the above safeguards may be waived, and treatment administered without consent or a second opinion. This is where the treatment is immediately necessary for the purpose of saving life, preventing serious deterioration in conditions provided treatment is not reversible, alleviating serious suffering as long as not irreversible or hazards presenting patient behaviour violently or being a danger to themselves or others so long as not irreversible.
Patients may withdraw consent, in which event the provisions applicable to keep afloat consent. Treatment plan may be continued if the medical officer considers the failure to continue on to the plan would cause serious suffering.
The Mental Health Commission reviews the care and treatment of patients and the exercise of powers and duties under the mental health order. The Commission may inquire into case where there appears to be ill-treatment deficient care or treatment or improper detention or reception in the guardianship or where a patient’s assets may be exposed to loss or damage.
It may visit detained patients. It may notify authorities where it appears action is necessary to prevent or remedy the above positions. If they provide advice to the parties in relation to the legislation where a matter is referred to it. They bring it issues regarding the welfare of patients to the attention of the authorities.
The Commission is powered to refer cases to the Mental Health Review Tribunal. It may visit and examine patients. It may inspect records in relation to detention and treatment.
The Commission may require persons responsible for the care of patients to provide such information as may be specified. The body is obliged to respond and provide the requisite information.