Complaints about mental health care

Every person in prison has the right to make a complaint about the mental health care they receive while they are imprisoned.

This could include healthcare services providedat the prison, or if you are sent to hospital while you are incarcerated.

Examples of mental health care complaints might include when mental health staff (like psychiatrists, psychologists or counsellors):

• Allow an unreasonable delay in giving you medical treatment
• Give you the wrong medication
• Give you treatment or counselling that made you feel worse
• Have been disrespectful, rude or unprofessional towards you
• Have not given you proper privacy (e.g. they have spoken to other people about your medical or mental health situation without your consent)
• Have communicated poorly with you (e.g. your treatment has not been explained to you properly)
• Have refused to allow you to receive health services

If you are thinking of making a complaint, it is a good idea to keep a record of things like:

• The date and details of the issue you want to complain about
• Details of any complaint you have already made to the healthcare service at your prison, including who you spoke to, when you made the complaint and what the response was

To make a complaint about a mental health care, there are 2 steps you can follow:

1. If you feel comfortable, raise your complaint with the person in charge of the healthcare services at your prison (Health Services Manager)
2. Make a complaint to the Mental Health and Wellbeing Commissioner (MHWC)

Important: you do not have to have made a complaint to the prison healthcare service before lodging your complaint with the Mental Health and Wellbeing Commission.

Use the below links for more information:

• 2 steps: Making a complaint about mental health care
• What happens after I make a complaint to the Mental Health and Wellbeing Commission (MHWC)?
• What can I do if I’m not happy with the Mental Health and Wellbeing Commission’s decision?

Diagram of process for mental health care complaints: