The law on mental health in Ireland
Introduction
The Mental Health Act 2001 sets out the law on how and why you can be admitted to a psychiatric hospital and your rights as a patient.
The Mental Health Bill 2024 has been approved for publication. This bill is set to replace the existing Mental Health Acts 2001–2022.
You can read more about mental health services on our website.
Mental Health Act 2001
The Mental Health Act 2001 sets out:
- What a mental disorder is
- Why you may be admitted against your will to hospital
- How you may be admitted against your will (‘involuntary admission’)
- Where you may be admitted for psychiatric treatment or care
- How you should be treated when you are admitted for psychiatric treatment or care
- What your rights are and what responsibilities your care team has towards you
The Mental Health Act 2001 establishes:
- The Mental Health Commission
- The appointment of the Inspector of Mental Health Services by the Mental Health Commission
- Your right to automatically have your involuntary admission reviewed by an independent group of people called a mental health tribunal
Best interests of the patient
If you are admitted to or are receiving treatment in a psychiatric hospital or other inpatient service, the Mental Health Act 2001 makes sure that your best interests are considered before any decision about your care and treatment is made.
You should be included in discussions with your care team about where your best interests lie to help you with your recovery. You are entitled to take part in decisions that affect your health. Your care team should consider your views carefully.
You have the right to be:
- Treated with dignity and respect
- Listened to by all those working on your care team.
- Fully informed about your legal rights, admission, and treatment
You can read the Mental Health Commission Guide to the Mental Health Act 2001(pdf.)
Mental Health Commission
The Mental Health Commission is an independent body set up under the Mental Health Act 2001. It has been in existence since 2002.
You can read more about the Mental Health Commission on our website.
The Mental Health Commission has information for mental health patients that includes a guide about your rights under the mental health law. The guide is available in audio and in many languages.
Mental Health Bill 2024
The Cabinet have approved the Mental Health Bill 2024. This bill is set to replace the existing Mental Health Acts 2001–2022 and:
- Update the process and criteria for involuntary admission and detention for people with severe mental health difficulties
- Overhaul the approach to consent to treatment for involuntarily admitted people
- Expand the Mental Health Commission’s regulatory function to include all community mental health residences and services, including all community Child and Adolescent Mental Health Services (CAMHS)
- Strengthen the safeguards for people accessing inpatient treatment
- Amend the care and treatment of children and young people, which includes provisions to allow 16 and 17-year-olds to consent to or refuse mental health treatment
Further information
This page will be updated as further information becomes available.