B.C. hospitals fail to meet rights of mentally ill patients admitted involuntarily: report

Ombudsperson’s report says legal documents only completed in 28 per cent of cases

Hospitals are denying the legal rights of mentally ill patients involuntarily admitted to psychiatric facilities across the province, according to an investigation by the BC Ombudsperson.

The report, released Thursday by Ombudsperson Jay Chalke, looked at admission records of every involuntary admission in the province that took place in June 2017. Roughly 1,450 cases were reviewed.

Often missing from case files were legally required documents such as ones that outline why a person was involuntary detained, the description of treatment, and confirmation the patient was told their rights.

All required forms were found completed in just 28 per cent of the admission files reviewed. Vancouver Coastal Health, Northern Health and the Provincial Health Services Authority had the lowest overall compliance rates.

In some cases, facilities used “standard rubber stamps” to authorize treatment for a patient, instead of describing the specific treatment, the report said. In other cases, physicians didn’t include which criteria the person met to be involuntarily admitted in the first place. Some forms lacked the necessary signatures or dates.

Chalke said in a news release this kind of response to help mentally ill patients is a last resort for people who are at risk of harming themselves or others.

“Involuntary detention and treatment is the most intrusive form of mental health care available,” he said. “This is a failure to comply with the Mental Health Act, the law that allows people who are gravely ill – our friends, daughters, sons, parents and grandparents – to receive timely treatment while protecting their legal rights.”

The report highlights several personal cases, including one woman who was held in a seclusion room without being told she had been involuntarily admitted. She was not told why nor was she notified of her rights, the report said, and when she requested a copy of her file after she was discharged, she found no form notifying her of her legal rights.

Last month, the B.C. Supreme Court ruled the Fraser Health Authority violated a woman’s Charter rights by detaining her against her will for almost a year and denying her access to a lawyer.

The woman was placed in mechanical restraints, denied access to visitors and the use of a phone or internet, and was prohibited from leaving the facility for fresh air. Fraser Health had failed to tell her why she was being detained.

“Going through experiences like this is stressful enough,” Chalke said. “This lack of compliance with legal requirements naturally raises many questions for patients and their families.

“Without documentary evidence, reasons for detention and treatment as well as awareness of how to question decisions can be extremely unclear. Public confidence in the system at large is also put into doubt.”

Chalke’s report says the Ministry of Health and health authorities failed to adequately monitor, audit and address designated facilities’ compliance with legal forms.

He makes 24 recommendations, including increasing oversight and accountability, improving training for staff to know what forms are required, and developing an independent rights advisor to advise patients.

Mental Health Minister Judy Darcy said the report aligns with her office’s goals to improve mental health care.

She said the ministry is reviewing how cases are tracked in each region, as well as improving training among staff and physicians. A video is being developed to inform patients and their families of their legal rights during an involuntary admission. The ministry has also implemented weekly audits by the Provincial Health Services Authority’s psychiatrist-in-chief of all patients admitted involuntarily under the Mental Health Act at BC Children’s Hospital.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Gentlemen, and ladies, start your motors!

Kitimat Memorial Hill Climb 2019

B.C. oil tanker ban squeaks through final vote in Senate

Bill C-48 bars oil tankers from loading at ports on B.C’s north coast

Under pressure: SD82 takes heat over principal reassignments

School district hears demands during packed board meeting in Terrace

We’re killing our bears

Attractants still a major problem in Kitimat

Kitimat City High students build their own hiking trail

The best part is that it’s right next to the school

Gentlemen, and ladies, start your motors!

Kitimat Memorial Hill Climb 2019

Wildfire burning in coastal forest

A fire beside the Sea to Sky Highway is burning up a steep slope

PHOTOS: Event marks one year since soccer team rescued from Thai cave

Nine players and coach took part in marathon and bike event to help improve conditions at cave

Rock climber dies after fall at Stawamus Chief in Squamish

The man had fallen about 30 metres while climbing in the Grand Wall area

Five B.C. students taken to hospital after playing with vaping device

School district said students were taken to hospital ‘out of an abundance of caution’

Being a pot dealer is not what it used to be

Sunday Big Read: the business of selling marijuana in B.C. is a slow bureaucratic slog

VIDEO: Two more pride flags have been stolen from Langley woman

Lisa Ebenal was “angry” and “fed up” after the latest theft. Then people started showing suppport

B.C. couple who has raised 58 children turns to community amid cancer diagnosis

Family who raised, fostered and adopted many kids hoping to gain some precious together time to fight cancer

Canucks acquire forward J.T. Miller from Lightning

J.T. Miller, 26, had 13 goals and 34 assists for the Lightning last season

Most Read