Falklands : Falklands Public Meeting Report 23 September 2008 Part 2
Submitted by Falkland Islands News Network (Juanita Brock) 29.09.2008 (Article Archived on 13.10.2008)
People questioncouncillors and medical authorities about the proposed new ordianace.
PUBLIC MEETING TUESDAY, 23 SEPTEMBER 2008 PART 2
By J. Brock (FINN)
Councillor Robertson wondered if a record of detention would be used against anyone seeking employment and Dr McInerny said that it is a form of discrimination and that it was important to detain a person the shortest time necessary. A stay could be as short as a day or for as long as six months.
Ruth Taylor asked where the facility for detention would be and Dr McInerny assured her that it would be in the hospital and not at the prison.
Another member of the public asked about the right of appeal or a review. Dr McInerny explained that in the UK there was a right of review and that it was needed in new legislation in the Falkland Islands. He went on to say that in the UK a patient through a lawyer can question officials responsible for detention and within 14 days a tribunal is set up to hear evidence in the case. Automatic referral to a tribunal could be part of the law here.
Councillor Summers mentioned that this is a small place and that the Senior Magistrate – presumably the person in charge of the detention – would have a conflict of interest if he or she had to hear a criminal case against a mentally unwell person. Alison Ingles explained that the person in charge of the legal aspects of detention may not necessarily be the Senior Magistrate but could stand down and a JP be assigned to the legal case under the Mental Health Ordinance.
Willie Bowles mentioned the weight of responsibility on the staff at the KEMH and wondered if a permanent resident Psychiatrist is needed. Dr McInerny agreed and said that in the UK it was the resident Psychiatrist that had the power to detain a mentally unwell person. Training of staff here is needed and they will be able to assess whether or not he could be consulted about detaining a mentally unwell person.
Councillor Summers questioned whether a person is detained for treatment only and Dr McInerny said that detention under the Mental Health Ordinance is not punishment – it is for treatment that likely will lead to improvement in the patient’s condition.
Councillor Birmingham asked whether the group was looking for a stand alone unit for treatment and Dr Diggle said that the hospital wasn’t designed with this in mind but that the best place was in a side room on their own. He went on to say that day room and other recreational needs still aren’t met
Dr McInerny said that the mental welfare problems prevalent in the Falklands are depression, child abuse and alcohol abuse. He said that there were 2 people in hospital at all times suffering from these problems. Menacing neighbours were mentioned but it is debatable what affect it has on mental health issues here in the Falklands.
Cllr Robertson asked why depression is such a problem here and Karen Rimicans said it was social isolation in Camp but that the problem also happens in Stanley. Dr McInerny added that depression was the most prevalent and economically draining mental illness in the world.
One section of the proposed Constitution and the Proposed Mental Health Ordinance deals with sending very mentally ill people overseas for treatment. Normally this would be to the UK but there is a South American community in the Falklands that might do better back on the Continent.
The subject of people who were incapable due to dementia was discussed but it was thought the basic ordinance needed to be worked on before this very important mental welfare problem is sorted. There is, however, a team approach for incapacitated people to make sure they take medication and keep off alcohol, etc. In the new MHO there could have the right of appeal and this includes cases of dementia.
Involvement of the Royal Falkland Islands Police at present involves arresting a mentally unwell person and taking them to the KEMH to be detained. Dr Diggle said that he wanted to have this process simple and person-friendly and that Police involvement was inappropriate. Suggestions of containment officers in civilian cloths as well as appropriate training for all involved including the Royal Falkland Islands Police were taken from the Mental Health Strategy Group. Police need to be called if the mentally unwell person needs to be constrained.
Gordon Ewing brought up the importance to deal with work related stress and Karen Rimicans said that 10% of the mental welfare cases she deals with are due to work related stress. Both she and Mr Ewing agreed that factors leading up to this need to be dealt with perhaps by proper training at the management level.
Finally, due to a request from the public a word friendly version of what is being proposed will be produced by Dr McInerny.
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