Safeguarding in Mental Health

What is Safeguarding in Mental Health?

Safeguarding in mental health means protecting people from abuse, neglect, harm and rights  violations when they are accessing or receiving mental health services or support. It involves  creating safe environments, clear policies, complaint channels, and training so that individuals,  especially those who are vulnerable, are treated with dignity and respect (International Disability  and Development Consortium, 2024).

Why Safeguarding Matters

Mental health conditions often carry stigma, discrimination and social exclusion. Without  intentional safeguarding:

  • Harmful practices or neglect in care may go unreported.
  • Individuals may feel unsafe engaging with services, reducing access and continuity of support.
  • Trust between service users, caregivers and service providers can break down.

A proactive safeguarding approach promotes person-centered care, protects human rights and  strengthens community trust.

Legal and Policy Framework in Kenya

Kenya’s Mental Health Act, Cap. 248 (as amended) provides a statutory foundation for mental health  services and safeguarding measures.

Legislative Purpose and Principles

The Act’s core objectives include:

  • Promoting mental health and well-being of all people.
  • Coordinating prevention of mental illness and access to care, treatment and rehabilitation. • Reducing stigma and promoting recovery and community integration.
  • Ensuring that the rights of persons with mental illness are protected and safeguarded.

Guiding principles under the Act emphasise the right to the highest attainable standard of health,  preservation of dignity, non-discrimination, fair treatment and public participation in decisions  affecting persons with mental illness.

Rights of Persons with Mental Illness

Under the Act, every person with a mental health condition has the right to:

  • Participate fully in community life.
  • Access medical, social and legal services.
  • Protection from physical, mental and other forms of abuse.
  • Reasonable care, assistance and protection from family and the State.

The Act also includes protection measures against exploitation and harmful practices and requires  reporting of abuse to authorities.

Kenya’s High Court has ruled that criminalising attempted suicide is unconstitutional, reinforcing  that mental health emergencies should be addressed through care and support rather than

punishment. This aligns with safeguarding principles that prioritise health and rights over criminal  response.

Core Principles of Safeguarding

  1. Respect and Dignity

Professionals and organisations should uphold dignity and treat all service users with respect.

  1. Prevention of Harm

Identify and manage risks early through training, safe practices and environmental safeguards.

  1. Participation and Rights

People with mental health conditions should be informed and involved in decisions about their care  and support.

  1. Reporting and Accountability

There must be clear, accessible reporting mechanisms for concerns and violations, with protection  from retaliation for those who report.

  1. Trauma-Informed Practice

Care should recognise past trauma experiences and avoid re-traumatisation.

Safeguarding in Mental Health Emergencies

In crisis situations, such as risk of self-harm:

  • Conduct immediate risk assessment.
  • Provide appropriate intervention or referral to specialist services.
  • Maintain documentation and follow-up care.

Embedding Safeguarding in Organisational Culture

  • Leaders should model safe and respectful behaviours.
  • Allocate resources for training, systems, and monitoring.
  • Promote open discussion of safety, concerns, and rights with staff and communities (IDDC Consortium, 2024).

References

  • Laws of Kenya. (2023). Mental Health Act, Cap. 248:

https://new.kenyalaw.org/akn/ke/act/1989/10/eng%402023-12-11

  • Ministry of Health, Kenya. Mental Health Policy and Action Plan:

https://mental.health.go.ke/