More than 16,000 mental health complaints, but watchdog yet to bite

Victoria’s watchdog for mental health complaints has not issued any compliance notices to service providers despite receiving more than 16,000 complaints over the past decade, prompting calls for an investigation into the system.

Over the past five years, the Mental Health and Wellbeing Commission has issued just 22 “enforceable undertakings” – where serious issues were identified but providers admitted to problems and agreed to correct them.

Victoria’s watchdog for mental health complaints has received 16,733 complaints over the past decade.

The commission’s annual reports show it has received 16,733 complaints over its lifetime. But no compliance notices – its strongest enforcement option aimed at forcing providers to urgently improve – were issued over this period.

It cost $5.2 million to administer the commission in 2022/23 alone.

Consultant Simon Katterl, who has previously been contracted by the Department of Health to provide mental health advice and has experience with the commission, said the statistics showed serious issues in the system.

Simon Katterl said more transparency about the recommendations the commission made to providers was needed.

Katterl said the Royal Commission into Victoria’s Mental Health System had revealed evidence of human rights abuses in the sector, but the actions of the regulator showed the problems were not being addressed.

“There is no way you can get down to zero [complaints], if clinicians don’t think that they’re bound by the law,” he said.

“It is not about creating some kind of police state for workers. It is just saying the law matters, and you’ve got to learn about it and integrate it into your practice.

“If you do that, then the numbers will come down.”

The MHWC was originally set up in 2014 as the Mental Health Complaints Commissioner to separate complaints about mental health services and clinics from those related to the broader health system. It examines problems reported by people who engage with these providers, including the use of restraints, seclusion or forced medication.

In September this year, legislation came into effect that turned it into a new body under its current name, with expanded powers and responsibilities. Reforming this system was among the recommendations made by the state’s royal commission into the sector.

The commission says it also issued 827 recommendations that led to 1072 improvements to services, originating from complaints made to their office. In 2022-23, the commission made 45 recommendations that led to more than 90 improvements.

Until it was reformed this year, the commission only had the power to use its tougher enforcement powers as a last resort, if a service refused to engage with them.

University of Melbourne consumer academic Vrinda Edan, who has worked in mental health services, said she had firsthand experience managing complaints at hospitals when the commission was first set up.

“My experience at that time was incredibly poor,” she said.

“I’ve seen that continue. I’ve had multiple consumers talking at various times…that there’s no point in making a complaint to the commission.”

Edan said the commission was set up because complaints related to mental health services were different from other parts of the health system and needed specific attention.

“You would not know any difference today in terms of responses to complaints than you did in 2014, prior to the commission starting.”

Mental Health and Wellbeing Chair Commissioner Treasure Jennings said the new body had expanded powers and functions, including new laws that allowed it to conduct inquiries and report on systemic issues.

“The MHCC prioritised resolving complaints in a proportionate way that suited the needs of the individual and last financial year 80 per cent of in-scope complaints managed by MHCC were resolved to the satisfaction of the person making the complaint,” she said.

A Victorian government spokesperson said the new independent commission started its remit on September 1 in an effort to achieve a safer and more accountable mental health system, backed by stronger laws.

“The purpose of the new body is to address concerns such as those outlined in the 8 August 2023 letter from Mr Katterl and other advocates – it is important we give the commissioners time to assess and provide recommendations on the issues it has been established to address,” the spokesperson said.

“Work is underway on 90 per cent of the royal commission’s recommendation and these reforms are already transforming Victoria’s mental health system – but it is important to acknowledge that change will not happen overnight.”

A voluntary survey of people who made complaints, obtained by Katterl under Freedom of Information laws and seen by The Age, found that just 26 per cent of respondents felt that their complaint had a positive impact on others.

The commission says the sample size of this survey was not statistically significant.

Katterl said Victoria needed more transparency about what recommendations the commission made to providers.

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