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JimLawyer, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 13888
Experience:  Senior Associate Solicitor
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I willing came into hospital because I was very depressed.

Customer Question

I willing came into hospital because I was very depressed. I’ve been held in emergency dept for 5 hours now. The doctors will not allow mr home without seeing the psychiatrist. Can I legally discharge myself?
JA: Where are you? It matters because laws vary by location.
Customer: Ireland
JA: What steps have you taken so far?
Customer: ive asked if I can go. Told no. I’ve said I’m going. They told me they would send police to my home if I leave.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Like what. I am depressed. And earlier due to a row at home I said I wanted to die but I am calm now. I’m just grieving because my brother died a few weeks ago. I’m just tired now and I want to go home to sleep.
Submitted: 11 days ago.
Category: Republic of Ireland Law
Expert:  Virtual-mod replied 10 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  JimLawyer replied 10 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 10 days ago.

They can do this under the mental health laws, i'm afraid. If you try to leave they may detain you or ask the Gardai for assistance.

Under the Mental Health Act 2001 you can be detained against your will if you have a psychological illness and by not detaining you, this would either pose a risk to yourself or others (or both). You can make a complaint to the HSE managers of your hospital/detention facility.

Or send an email with your complaint to this address:***@******.***

You should (if possible) also send a letter to :

The complaints officer, Michael Kennedy, Office of Head of Mental Health, HSE - Community Health Care, Oak House, Millenium Park, Naas, Co Kildare, Eircode W91 KDC2

If this does not help, contract the Mental Health Commission here:

Here is a useful link to give you an overview of the complaints process :

Expert:  JimLawyer replied 10 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,

Expert:  JimLawyer replied 10 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,