I invoked my powers under Section 55 of the Mental Health Act 2001 and formally requested the Mental Health Commission to carry out an Inquiry arising from allegations made on behalf of a named person while a patient at St. Fintan's Hospital, Portlaoise, County Laois.
Arising from the Inquiry a confidential report was prepared dated 2nd March 2005, which was forwarded to me on 2nd March, 2005.
The Mental Heath Commission received a request for a copy of the report from solicitors acting for the named person and her father. In the normal course of events it is the Mental Health Commission's preference and ethos to disclose to the patient the information sought subject to what is in the best interests of the patient. In this instance the patient did not have capacity to consent to the release of the report which contains very sensitive and personal information. In those circumstances a copy of the report was provided to the named person's father pursuant to judicial review proceedings brought by him and on the basis of a written undertaking to the Court by the named person's father that the report would be treated with the same duties of confidentiality that would attach if it were produced pursuant to an Order for Discovery by the Court in a lis inter partes and where any breach of confidentiality amounts to contempt. The Judicial Review proceedings were then withdrawn.