Mental Health Bill 2024: Committee Stage (Resumed) Seanad Éireann — 2026-01-28 ============================================================ Frances Black (IND), Industrial and Commercial Panel These are very important amendments. A report examining the existing complaints process and setting out recommendations for strengthening it as requested under amendment No. 312 would be really welcome. I have a later amendment around the need for an independent complaints process. At present, the HSE's Your Service, Your Say mechanism functions only as a basic service-level feedback tool. It was repeatedly raised to us during the pre-legislative scrutiny that there is a need for a direct complaints mechanism in relation to mental health treatment that is entirely independent from the current internal HSE complaints mechanism. The Mental Health Commission, as quoted in the pre-legislative scrutiny report, stated: There should be a culture of complaining being a good thing, [which I think is really important] because that is how you improve the system. The advocates would help people to complain when they need to. An independent mechanism is all the more important in mental health settings, given that persons using mental health services are at increased risk of coercion and restriction of their human rights. Ultimately, the subcommittee recommended the establishment of an independent, fully funded and resourced complaints mechanism for mental services because there is no other cohort of people accessing health treatment who may be denied their liberty. This was something our good friends Dr. Fiona Morrissey and Dr. Charles O'Mahony strongly called for in their human rights analysis of the draft heads of Bill in collaboration with Mental Health Reform. Dr. O'Mahony said in a recent audiovisual room briefing that independent advocacy and an independent complaints mechanism are two of the most basic safeguards for people involuntarily detained in mental health services and that an independent complaints mechanism would allow for systemic learning and prevent reoccurrence of problems. Without these safeguards, we risk continuing a culture where people feel powerless and unheard in the system that is meant to support them. I also want to turn briefly to the case of Juanita, whose story I read out in a recent debate. The House will recall Juanita asked several times for information on how to make a formal complaint. She was never given a complaint form, email address or clear guidance. Instead, she was told to write her concerns on a piece of paper. She did so but no one read it or followed up with her and she felt completely ignored, silenced and powerless. The powerlessness is really difficult. It must be awful when you are feeling like you are in a powerless place. That is not acceptable. I may also speak to this later when discussing my own amendment but I heard in the audiovisual room of mothers with lived experience trying to make a complaint. Again, what we heard was really unacceptable. I will provide a few reasons an independent complaints mechanism is so necessary. When people feel safe to raise concerns and know they will be heard, it fosters trust in services and supports recovery. I know that through my own work with the RISE Foundation. An independent complaints process can identify systemic issues early, leading to service improvements and better outcomes for individuals and communities. People with lived experience and their supporters often report fear of retaliation or a sense of futility when raising concerns within the same service that provides their care. An independent complaints mechanism would provide a safe, impartial route for redress, ensuing all voices are heard and protected. I know the Mental Health Commission provides overall oversight of approved centres but does not really investigate individual complaints. The HSE's Your Service, Your Say functions as a service-level feedback system offering an accessible first point of contact for comments and resolutions. While those who are involuntarily detained have a review board tribunal hearing, this hearing only reviews the appropriateness of the involuntary admission order. It does not properly examine other aspects of care, including involuntary treatment decisions. The recent deeply troubling revelations from Bloomfield Hospital underscore the urgent need for an independent complaints mechanism in mental health services. That is a perfect example. Despite receiving a 94% compliance rating from the Mental Health Commission for three consecutive years, serious and systemic abuse of residents was uncovered at that facility. The stark disconnect between regulatory compliance scores and the lived realities of patients highlights the limitations of current oversight mechanisms. I feel for Juanita. If only she could have been heard that time, it could have changed everything for her. She went in voluntarily. She volunteered herself in but under the circumstances it was just horrific for her. I thank the Minister of State and appreciate her being here. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-28/debate/main Retrieved: 2026-08-14T04:54:33+00:00 Sitting date: 2026-01-28