Mental Health Act 20266
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Inquiries | ||
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142. (1) The Board may cause the Chief Inspector, or such other person as may be specified by the Board, to carry out an inquiry in accordance with this section into a registered mental health service or any premises in the State where mental health services are, or are suspected of being, provided, where the Board has reasonable grounds to believe that there is a serious risk: | ||
(a) to the health or welfare of a person receiving care and treatment at or from such a service or premises; | ||
(b) of a failure to comply by the service or premises concerned with the provisions of this Act or any regulations or codes of practice made thereunder. | ||
(2) The Minister may require the Board to cause an inquiry to be carried out in accordance with this section into a registered mental health service or any premises in the State where mental health services are, or are suspected of being, provided, where he or she has reasonable grounds to believe that there is a serious risk: | ||
(a) to the health or welfare of a person receiving care and treatment at or from such a service or premises; | ||
(b) of a failure to comply by the service or premises concerned with the provisions of this Act or any regulations or codes of practice made thereunder. | ||
(3) For the purposes of carrying out an inquiry referred to in subsection (1) or (2), the Board shall establish a committee (in this section referred to as a “Committee of Inquiry”) in accordance with section 107 , which shall be chaired by the Chief Inspector, an Assistant Inspector or other such person as specified by the Board in subsection (1). | ||
(4) As soon as practicable after carrying out an inquiry, the Committee of Inquiry, or a member of the Committee of Inquiry nominated by that Committee, shall prepare a draft report on the results of the inquiry (in this section referred to as the “draft report”). | ||
(5) A Committee of Inquiry shall furnish the draft report to the registered mental health service or premises concerned. | ||
(6) The Committee of Inquiry may furnish the draft report, or part of the draft report, to any other person it considers appropriate. | ||
(7) The Committee of Inquiry shall give notice in writing when furnishing the draft report under subsection (5) or (6) that the registered mental health service, premises or person concerned may make representations to the Committee concerning the draft report or, as the case may be, a part of the draft report, not later than 28 days after the report is furnished to them. | ||
(8) As soon as practicable after the expiration of the period of 28 days referred to in subsection (7) and having considered any representations made pursuant to that subsection, the Committee of Inquiry may amend the draft report and shall furnish the final report on the inquiry to the Board and the Minister. | ||
(9) A report under subsection (8) shall be absolutely privileged wherever and however published. |