Commissioned by the VeiligheidsAlliantie Regio Rotterdam (Security Alliance for the Rotterdam Region), several master’s students in Health Law conducted a study about the current interpretation of the hearing obligation under the Dutch Compulsory Mental Healthcare Act. The students concluded that this hearing obligation does not contribute to a better legal position for those involved and they presented their findings to mayors, counsellors, civil advisors, healthcare institutions, Public Prosecution Service, the police, and client organizations.
The Compulsory Mental Healthcare Act applies to people with a mental disorder whose behaviour lead to serious harm to themselves or others. In situations where voluntary treatment is not sufficient, the court can impose compulsory treatment. The hearing obligation included in this Act allows the patient to give their views on the report of the psychiatrist, who proposes the crisis measure to the mayor. In the municipality of Rotterdam, this hearing is outsourced to the specialized hearing service of the Rotterdam Police, but this is not the case in every municipality.
In these conversations, one speaks to individuals who are in a severe psychological crisis. These conversations are essential because it is about their future. However, is conducting this conversation at that time in the interest of the person concerned?
Erasmus School of Law was approached to answer this question. Under the guidance of Martin Buijsen, professor of Health Law, master’s students spoke with relevant partners, including mayors, psychiatrists, hearing service staff, the judiciary and client representatives, about their experiences with the hearing obligation. The students concluded that these partners are happy with the legislator's intentions but not how the hearing obligation is implemented. The idea that the involved individual can be heard during a crisis is not in line with reality. The conclusions and recommendations from this study are presented to the Regional Safety Consultation, where follow-up steps are discussed.
