Isle of Man Mental Health Commission

Mental Health commission Leaflet

The Isle of Man Mental Health Commission is an independent body whose purpose is to ensure the Department of Health and Social Care is protecting the rights and welfare of patients detained under the Mental Health Act 1998.

Purpose of the commission:

• To keep under review the operation of the Mental Health Act 1998 in respect of patients liable to be detained under the Act.
• To assess and make recommendations regarding the care and well being of patients in hospitals and mental nursing homes.
• To be consulted by the Department of Health on the making of any nomination under section 120 regarding the appointment of independent doctors to carry out the functions of Second Opinion Appointed Doctors in accordance with the Act.
• To contribute to and review the Code of Practice and bring to the attention of the management any acts or omissions within the Code
• To make comments on proposed changes to legislation which may affect the care and well being of detained patients.

Legislative basis:

• The Mental Health Commission is established in accordance with the Mental Health Act 1998 section 119. It is an independent body whose purpose is to assist the Department of Health in protecting the rights and interests of patients detained under the Mental Health Act 1998. Subsection 3(e) of the Act authorises members of the Commission to carry out functions as the Department directs.

Further information from the Mental Health Commission for patients detained under the Mental Health Act includes:

• The Department is required to protect the rights and interests of all patients detained under the Mental Health Act 1998.
• To carry out this function the Department has set up the Mental Health Commission. It is independent of all staff and Managers of the hospitals and mental nursing homes.

What does the commission do?

• Checks that you are lawfully detained and well cared for.
• Checks that the Mental Health Act is being used properly.
• Checks that you are informed about your rights under the Mental Health Act.
• Arranges for an independent doctor from the United Kingdom to provide a second opinion if you are not able or willing to consent to your treatment in certain circumstances.
• Investigates certain types of complaint.
• Makes sure that you know how to apply to the Mental Health Review Tribunal, or to the Hospital Managers, about your discharge from hospital.

How does the commission do it?

• Visits all places where patients are detained under the Mental Health Act.
• Meets and talks to detained patients in private. Any information you provide will not be passed on without seeking your agreement.
• Checks that all your complaints are taken seriously.
• Checks that all detained patients have an equal chance to receive good services and treatment.
• Meets with Managers and other staff to talk about those things that affect your care and treatment.
• Checks that the Mental Health Act Code of Practice is being followed. You can ask the ward staff to let you see a copy of the Code of Practice.
• Checks that the right plans are made for you before you are discharged from hospital.

What the commission cannot do:

• discharge you from your Section under the Mental Health Act.
• discharge you from hospital.
• transfer you to another hospital.
• offer individual medical advice.
• offer individual legal advice.