http://www.abc.net.au/news/2016-11-20/patients-forced-to-have-ect-without-legal-representation/8030996
Hundreds of patients forced to have ECT in Victoria without legal representation
By Sarah Farnsworth
Since being diagnosed with drug-induced bi-polar disorder, Lisa*, has been forced to undergo Electro Convulsive Therapy (ECT) more times that she can remember.
As an involuntary mental health patient, she has had security guards wheel her down to the treatment room and been held down to stop her escaping.
“I have lost count over the years. I would say close to 100. It was always against my will,” she said.
“I felt like I was being wheeled down to the gas chamber really.
“You wake up with a headache feeling really empty like it’s all been restarted, with memory loss and poor concentration.
“It can last days the headaches but the memory loss and the concentration levels, I think I am still experiencing the effects of that. And I last had it in January.”Lisa would prefer alternative methods, but often in her manic stages will refuse all treatments. Over the years she has tried many ways to prevent it.
She would eat from a stash of hidden food so the general anaesthetic could not be administered.
When the staff found her stockpile, she resorted to eating grass instead.
Lisa has also fronted Mental Health Tribunal hearings, were compulsory orders are made.
Once she was shown with her face painted with dots and dressed up like the Joker. Unsurprisingly, it did not do her any favours.
‘Serious human rights issues’ around compulsory treatment
Last year, 620 patients were forced to undergo ECT by the tribunal, under the Mental Health Act.
The tribunal can decide whether ECT can be performed if the patient is not considered to have the capacity to give informed consent, or if they are under 18.
Last year, six patients aged 16 and 17 were given ECT.
Compulsory orders can also place people in psychiatric facilities, make them undergo neurosurgery, or order a range of medications such as lithium or anti-psychotic medications.
In 2015 and 2016 only 19 per cent of people who appeared were represented by a lawyer.
NSW has the highest rate of legal representation in Australia with 77 per cent. In Queensland it is 4 per cent.
Victoria Legal Aid lawyer Chris Povey said there were serious human rights implications posed by compulsory treatment orders, particularly ECT orders.
“It’s hugely concerning that we are forcing people to accept ECT and hundreds are missing out on legal representation,” he said.
“If you have a headache people don’t force you to take a Panadol.”One patient was on a compulsory treatment order for 16 years before Legal Aid successfully argued it should be revoked.
“He represents a lot of people who are subject to restrictive orders and the legal assistance helps flush out that he shouldn’t have been there,” Mr Povey said.
People would be ‘surprised’ by the system
The Mental Health Legal Centre also represents patients but it runs primarily on donations.
The centre’s Stan Winford said legal representation was absolutely critical.
“Some people in the community would be surprised that we do have a system that people against their will can be compelled to have treatment,” he said.
“These aren’t people who pose a danger to the community. They are not criminals. It’s a civil system.“There might be rights on paper in the legislation, but without the person understanding their rights are and having the means to enforce them a lawyer, then those rights are illusionary.”
The Mental Health Tribunal’s President Matthew Carroll said availability of lawyers was determined by the capacity of the legal groups.
He said a range of strategies do exist to ensure access to them was maximised.
*Not her real name.
Topics: mental-health, health, law-crime-and-justice, melbourne-3000