Mental Health Commission concern at rise of ECT use in psychiatric care

Commission views current legislation covering ECT as infringement of patient human rights

The Mental Health Commission has called for a change to legislation governing the use of electro-convulsive therapy for patients in psychiatric care.

MHC chairman John Saunders said there has been an increase in the use of ECT, in particular on patients who are unable to give consent or unwilling to receive the treatment.

Currently the legislation allows for two doctors, if in agreement, to prescribe the treatment even if the patient is unwilling.

Mr Saunders said the MHC views this as an infringement of the patient's human rights.

"ECT should be administered with consent and if there are situations where people are unable to give consent, that there's sufficient rules and regulations around that to protect the interests of the patient,” he said.

“What we're really concerned about is a situation where, albeit a small number of people, can in law be forced to have ECT despite their express objection to it."

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Mental health law review proposes end to forced use of ECT

A major review of mental health legislation is to recommend an end to the practice of administering controversial electroconvulsive therapy (ECT) to patients who are unwilling to give consent to the treatment.

A Government expert group tasked with reviewing the Mental Health Act (2001) recently completed its report which is likely to be published shortly by Minister of State Kathleen Lynch.

It is understood to contain a number of proposals to strengthen patients’ rights, extend the remit of watchdog bodies and place a greater emphasis on children’s services.

The current legislation is regarded by many campaigners as outdated given the growing emphasis on community-based services and demands for greater autonomy by patient group.

Section59(b) of the Mental Health Act states that forced electroconvulsive therapy may be administered where a patient is “unable or unwilling” to give consent once it has been approved by two consultant psychiatrists.

The steering group is expected to support the deletion of the word “unwilling”.

Children also feature prominently in the report’s proposals, say sources, and advocate that the needs of young people should be explicitly recognised in a standalone part of any revised legislation.

It is likely to propose a set of guiding principles which reflect the UN Convention on the Rights of the Child.

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