First Questions to ask
Mental health complaints
ICAS advocates have a valuable and important role in supporting complainants who have a mental health problem, so that they can
- seek resolution to issues which concern them
- express their views and concerns
- safeguard their rights to complain as set out in both health policy and law
- empower them to self advocate
- support them to get their views heard.
Complainants who have a mental health problem can have particular difficulty in pursuing a complaint. In response (external link) to Reforming the NHS Complaints Procedure (2001), the Mental Health charity Rethink said that people with a severe mental illness and informal carers face the following problems:
- complaints by people with a severe mental illness are often not recognised or may be disregarded or dismissed as a symptom of illness
- many people with a severe mental illness and informal carers are anxious that services will be taken away if they complain
- complaints can take years to resolve and involve increased stress.
Patients who are detained under the Mental Health Act
Patients who are detained under the Mental Health Act 1999 have the same
rights as any other NHS patient to complain about their treatment and care.
However, they have additional rights under this Act. The Mental Health Act
Commission can investigate complaints made by a person who is detained,
about any aspect of their care. The Mental Health Act Commission does not
usually exercise this right, but it has supported complainants through the NHS complaints procedure, advising them of their rights and corresponding with
Trusts either on their behalf or in relation to perceived shortcomings in the way complaints are being handled.
Subject to further legislation, the Healthcare Commission is expected to take
over some of the functions of Mental Health Act Commission and will ensure
the smooth transition of the Mental Health Act Commission's complaints
systems to the Healthcare Commission.
The functions of the Mental Health Act Commission (external link) in safeguarding the interests of people detained under the Mental Health Act include
- visiting and interviewing, in private, patients detained under the Act in hospitals and mental nursing homes
- investigating complaints which fall within the Commission's remit.
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Sometimes complainants with mental health problems exhibit difficult social behaviours which make meetings or conversations hard to manage.
With these more challenging cases it is often necessary to exceed the usual level of support. It may be necessary to refer to, or take advice from a specialist mental health advocate.
In some circumstances it might be helpful to considers asking the complainant to sign a  contract which sets out the accepted standards of communication and behaviour which should be adhered to in order to secure their continued use of the ICAS service.
If their behaviour becomes unreasonable or violent
In these circumstances, refer the case to your line manager.
Next: Suspected abuse of children or vulnerable adults
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