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19 1945

MENTAL TREATMENT ACT, 1945

PART XVIII.

Powers and Duties of the Inspector of Mental Hospitals.

General power of inspection of mental institutions by Inspector of Mental Hospitals.

235. —The Inspector of Mental Hospitals may, whenever and so often as he thinks fit and at any time during the day or night, visit and inspect any mental institution and visit and examine any patient therein.

Periodical inspection of mental institutions by Inspector of Mental Hospitals.

236. —(1) The Inspector of Mental Hospitals shall visit and inspect every district mental hospital and every other institution maintained by a mental hospital authority at least once in each year.

(2) The Inspector of Mental Hospitals shall visit and inspect every mental institution not maintained by a mental hospital authority at least once in each half-year.

Duties of Inspector of Mental Hospitals when making inspection.

237. —When making a visit and inspection of a mental institution required by this Act, the Inspector of Mental Hospitals shall—

(a) inquire whether due regard has been had in the management of the institution to this Act and to the provisions made thereunder,

(b) inquire whether the receptions in and discharges from the institution have been properly effected,

(c) inquire whether the dietary of the patients is satisfactory,

(d) inquire as to the mental and bodily condition of each of the patients on reception and at the time of the visit,

(e) inquire into the facilities given to patients to attend religious services and as to other religious aid given to patients,

(f) inquire where any system of coercion, restraint, or seclusion is in operation and if so—

(i) the particulars of the system,

(ii) the means by which it is practised,

(iii) whether it is by medical treatment or otherwise,

(iv) its results,

(g) inquire as to the classification or non-classification of the patients,

(h) inquire as to the staffing arrangements,

(i) inquire as to the occupations and amusements of the patients, and the effects thereof,

(j) inquire whether occupational therapy or any special form of treatment has been adopted, and, if so, its results,

(k) inspect every part of the premises included in the institution,

(l) see each of the patients received since his next previous visit required by this Act and inspect the documents authorising the reception of each such patient,

(m) inquire as to the discipline in the institution,

(n) make such other inquiries in relation to the institution and the patients and the staff and see such other persons as he thinks proper,

(o) enter in a book to be kept in the institution—

(i) the date of the visit,

(ii) the condition at the date of the visit of the patients,

(iii) the number of patients under restraint and the reasons given therefor,

(iv) particulars of any irregularity noticed during the visit,

(v) any other observations which he thinks proper.

Special attention where propriety of detention is doubtful.

238. —Where the Inspector of Mental Hospitals visits any mental institution, he shall give special attention to the state of mind of any patient detained therein the propriety of whose detention he doubts or has been requested by the patient himself or any other person to examine, and if he becomes of opinion that the propriety of the detention requires further consideration, he shall indicate such opinion in any register of patients kept in the institution.

Further consideration of detention of patient in institution maintained by mental hospital authority.

239. —(1) Where the Inspector of Mental Hospitals becomes of opinion that the propriety of the detention of a patient detained in a district mental hospital or other institution maintained by a mental hospital authority requires further consideration, he shall report the matter to the Minister.

(2) After consideration of a report under sub-section (1) of this section, the Minister may, if he so thinks fit, require the Inspector of Mental Hospitals to visit the patient to whom the report relates and to make a report on his mental condition to the Minister.

(3) After consideration of a report under sub-section (2) of this section, the Minister may, if he so thinks fit, by order direct the discharge of the patient to whom the report relates and, if the Minister so directs, the patient shall be discharged accordingly.

Further consideration of detention of patient in institution not maintained by mental hospital authority.

240. —(1) Where the Inspector of Mental Hospitals becomes of opinion that the propriety of the detention of a patient detained in a mental institution not maintained by a mental hospital authority requires further consideration, he shall report the matter to the Minister.

(2) After consideration of a report under sub-section (1) of this section in relation to a patient detained in a mental institution, the Minister may, if he so thinks fit, require the Inspector of Mental Hospitals and the resident medical superintendent of the district mental hospital nearest to such institution (in this section referred to as the visitors) to visit the patient.

(3) On a requisition being made by the Minister under sub-section (2) of this section, the visitors shall make two visits to the patient, the second visit being not less than eighteen days after the first visit.

(4) A first visit and a second visit under this section to a patient shall be made by the same persons as the visitors.

(5) Not less than fourteen days' notice of a second visit under this section to a patient shall be given by the Inspector of Mental Hospitals—

(a) to the person in charge of the mental institution where the patient is detained, and

(b) if it is practicable, to the person at whose instance the patient is detained.

(6) A notice under sub-section (5) of this section to the person in charge of a mental institution may (without prejudice to the giving of such notice in any other manner authorised by this Act) be given by an appropriate entry in any register of patients kept in the institution.

(7) After a second visit under this section has been made to a patient, the Inspector of Mental Hospitals shall make a report on the patient's mental condition to the Minister.

(8) After consideration of a report under sub-section (7) of this section, the Minister, if he so thinks fit, may by order direct the discharge of the patient to whom the report relates and, if the Minister so directs, the patient shall be discharged accordingly.

(9) The Minister may pay to a resident medical superintendent visiting under this section such sum for his services and expenses as may be prescribed.

Order by President of High Court for visit and examination of person detained as person of unsound mind.

241. —The President of the High Court may by order require and authorise the Inspector of Mental Hospitals to visit and examine any person detained at any place as a person of unsound mind and to report to the President of the High Court on the condition of such person.

Examination on oath.

242. —(1) The Inspector of Mental Hospitals may, for the purpose of carrying out his duties under this Act, examine any person on oath (which he is hereby authorised to administer).

(2) A person who refuses or wilfully neglects to give information upon oath when required to do so by the Inspector of Mental Hospitals in pursuance of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Report to the Minister.

243. —The Inspector of Mental Hospitals shall furnish a report on each visit and inspection of a mental institution made by him to the Minister.

Production of list of patients, etc.

244. —(1) Where the Inspector of Mental Hospitals visits a mental institution, not being an institution for the reception of one patient only, there shall be presented to the Inspector—

(a) a list of the patients which shall, in the case of a district mental hospital or other institution maintained by a mental hospital authority, distinguish chargeable patients from others and which shall, in all cases, distinguish males from females and indicate the patients believed to be curable,

(b) all registers, books, records and other documents required by or under this Act to be kept in relation to the institution,

(c) all documents relating to any patient received in the institution since the next previous visit of the Inspector of Mental Hospitals,

(d) any other documents relating to a patient received at any time into the institution which the Inspector may call for.

(2) Where the Inspector of Mental Hospitals visits a mental institution for the reception of one patient only, there shall be presented to the Inspector—

(a) all registers, books, records, and other documents required by or under this Act to be kept in relation to the institution,

(b) if the patient has been received since the next previous visit of the Inspector of Mental Hospitals, the documents authorising the reception,

(c) any other documents relating to the patient which the Inspector may call for.

(3) Where a book is presented under this section to the Inspector of Mental Hospitals, he shall certify on it that it has been so presented.

Facilities for inspection.

245. —Where the Inspector of Mental Hospitals is inspecting any mental institution, all facilities reasonably necessary for the inspection shall be afforded to him and he shall be shown every part of the institution and every patient therein.

Assistance by medical practitioner or resident medical superintendent in making visit to mental institution.

246. —(1) Where the Inspector of Mental Hospitals proposes to visit any mental institution, he may call in any registered medical practitioner residing within a reasonable distance of the institution to assist him in making the visit.

(2) Where the Inspector of Mental Hospitals proposes to visit any mental institution which is not a district mental hospital, or other institution maintained by a mental hospital authority, he m ay call in the resident medical superintendent of the nearest district mental hospital to assist him in making such visit.

(3) A registered medical practitioner who is directly or indirectly interested in a mental institution shall not be called in under this section to visit such institution.

(4) The Minister may pay to a resident medical superintendent or other medical practitioner assisting under this section in making a visit to a mental institution such sum for his services and expenses as may be prescribed.

Annual report on mental institutions.

247. —(1) The Inspector of Mental Hospitals shall, in respect of each year, make to the Minister a report upon every mental institution (not being for the reception of one person only) and the care of patients therein, and shall include in such report a general account relating to such year of the administration of the law relating to mental institutions and the care, welfare and treatment of persons of unsound mind.

(2) Every report under this section shall be laid before each House of the Oireachtas and a copy of it shall be sent to the President of the High Court.

Inspection of Dundrum Central Criminal Lunatic Asylum.

248. —(1) The Inspector of Mental Hospitals may, whenever and so often as he thinks fit and at any time during the day or night, visit and inspect the Dundrum Central Criminal Lunatic Asylum (in this section referred to as the Asylum).

(2) The Inspector of Mental Hospitals shall visit and inspect the Asylum at least once in each half-year.

(3) The Inspector of Mental Hospitals shall investigate any complaint in regard to the administration of the Asylum or the treatment of any inmate thereof.

(4) Where any charge against an officer or servant of the Asylum is proved on an investigation by the Inspector of Mental Hospitals, the Inspector may, if he so thinks fit, suspend the officer or servant from the discharge of his duties and report the matter to the Minister.

(5) The Inspector of Mental Hospitals shall from time to time prescribe the dietary scale for the inmates of the Asylum, but the resident physician and governor of the Asylum (or, in his absence, the assistant medical officer) may prescribe such extras as he may deem necessary in particular cases.

(6) Where an inmate of the Asylum recovers, the Inspector of Mental Hospitals shall give the Minister for Justice particulars of the name of the inmate, of the offence in connection with which he was convicted or charged, and of his general character and conduct.

(7) The Inspector shall, in respect of each year, make to the Minister a report on the Asylum and shall include in the report a general account relating to such year of the administration of the Asylum and of the care, welfare, and treatment of the inmates thereof.

(8) Every report under sub-section (7) of this section shall be laid before each House of the Oireachtas.