Applying for accreditation as a mental health service (service de santé mentale, SSM)

The mental health services (SSM)

In accordance with the CWASS (Code wallon de l’action sociale et de la santé – Walloon Social and Health Action Code), to obtain accreditation, the mental health service must:

1) have legal personality in one of the following forms:

• a non-profit association;
• an international non-profit association;
• a foundation;
• a local public authority;
• an association with legal personality, majority-owned by public authorities, with the exception of associations that have taken the form of a company.

2) draw up an initial service plan, whose content is defined in Article 541; and

3) undertake to:

• draw up a new service plan at least every five years, in accordance with Article 541;
• implement its service plan;
• record any request for intervention, in accordance with the second paragraph of Article 542;
• conclude one or more agreements, as referred to in the third paragraph of Article 543;
• organise the multidisciplinary consultations referred to in Articles 545 and 547;
• collaborate with networks;
• become a member of at least one mental health consultation platform;
• have a multidisciplinary team, in accordance with the provisions of Articles 555 to 568;
• keep an individual file for each service recipient, as referred to in Article 570;
• draw up a personal data protection record, as referred to in the second paragraph of Article 570(1);
• respect the rights of the service recipients, as laid down in Articles 571 to 579;
• not charge service costs exceeding those laid down in Articles 580 to 582;
• establish an advisory council, pursuant Article 583;
• collect and report the socio-epidemiological data referred to in Article 585(1);
• for each site, have premises that comply with Articles 587(2) and Articles 588 and 589;
• maintain opening hours in accordance with the requirements laid down by the government pursuant to Article 590;
• participate in the programme drawn up by the government, or an authority delegated by the government, pursuant to Article 597; and
• comply with the ethical rules defined by the government.

Users receive care from a qualified and recognised team in the field.
AVIQ verifies the qualifications of professionals.

In accordance with the CWASS, you must submit an application for accreditation electronically to AVIQ.

The application must include the following

1. A completed form

You must fill in the form provided by AVIQ. This form contains the following information:

• your company number
• the identity of the mental health service
• the identity, capacity and mandate of the representative
• the address of the registered office
• the addresses of the other offices or branches, if any
• your contact details (postal address, email address, telephone number)
• your inclusion in the programme drawn up by the government
• the days and times when the service is open
• your commitment to comply with the statutory opening hours
• the number of staff members and their working hours
• the positions within the multidisciplinary team, in full-time equivalents
• any request for additional positions
• the accessibility of the premises to person with reduced mobility, or justification if such accessibility cannot be guaranteed
• your commitment to:
• draw up a service plan at least every five years;
• implement this service plan;
• record each request for intervention;
• conclude the agreements provided for in the regulations;
• organise multidisciplinary consultations;
• collaborate with networks;
• have a compliant multidisciplinary team;
• keep an individual file for each service recipient;
• respect the rights of the service recipients;
• comply with the maximum authorised fees;
• set up an advisory council;
• transmit the requested socio-epidemiological data;
• comply with the ethical rules; and
• have premises that comply with the regulations
• the signature of the service’s representative.

2. Documents to be attached

You must also attach:

• an excerpt from the minutes of the administrative body that decides on the application for accreditation;
• proof of the representative’s power to act, if this is not published in the Belgian Official Gazette;
• the initial service plan;
• the personal data protection protocol;
• a sworn statement confirming that the staff have the required qualifications;
• supporting documentation, if you are requesting additional positions; and
• any other document that may be useful to support your application.

AVIQ will acknowledge receipt of the application for accreditation electronically within 15 days of receiving the file.

If the file is incomplete, AVIQ will request the missing or incomplete documents within one month of receiving the file.

The mental health service then has one month to complete its file. If it fails to do so, its application for accreditation will be deemed inadmissible.

AVIQ will forward the complete file, together with its opinion, to the Minister within two months of receiving the complete file.

The Minister decides on applications for accreditation within two months of receiving the complete file from AVIQ.

• Decree of the Walloon Government of April 25, 2024, amending the Walloon Regulatory Code on Social Action and Health concerning mental health and related services in Wallonia (published in the Belgian Official Gazette on August 20, 2024).
• Decree of January 10, 2024, amending the Walloon Social Action and Health Code concerning mental health and related services in Wallonia (published in the Belgian Official Gazette on March 25, 2024)

Lodging a complaint with AVIQ

You may lodge a complaint with AVIQ. This procedure is particularly useful when you can provide new information that could not be taken into consideration at the time when the decision was made.

IMPORTANT: a complaint is NOT an appeal. Lodging a complaint does not suspend the deadline for lodging an administrative or legal appeal.

The complaint must be lodged within three months of you being notified of the decision, using the form available online, which you must fill in and submit by email to reclamation@aviq.be

You can also fill it in, print it and send it by post to: Agence pour une Vie de Qualité  Département Finances et Juridique - Cellule Satisfaction  - Direction Juridique et Marchés Publics – Rue de la Rivelaine, 21 – 6061 CHARLEROI.

If you are not satisfied with the response to your complaint, you can always contact the Ombudsman of the Walloon Region (see below).

Lodging a complaint with the Ombudsman of Wallonia and the French Community

If you are not satisfied with AVIQ’s response following your complaint, you can contact the Ombudsman of the Walloon Region. The role of the Ombudsman is to assist anyone experiencing difficulties with an administrative authority of Wallonia or the French Community.

The Ombudsman strives to reconcile the points of view of both parties and to re-establish dialogue between the citizen and the regional and community administrative authorities. The Ombudsman may propose a response, additional information, mediation, an equitable recommendation, etc.

This procedure is free of charge, confidential and impartial, but you can only use it if you have first lodged a complaint with AVIQ and that complaint has not been resolved and is not the subject of an administrative or legal appeal.

How to contact the Ombudsman

• By email:  courrier@le-mediateur.be;
• Using the online form: https://www.le-mediateur.be/page/introduction-d-une-reclamation.html;
• By post: Médiateur de la Wallonie et de la Fédération Wallonie-Bruxelles - Rue Lucien Namèche, 54 - 5000 Namur ;
• By freephone: 0800 19199;
• Or by visiting the institution’s headquarters in Namur or at one of its contact points (website:  https://www.le-mediateur.be)

Lodging an appeal with the Walloon government

You may lodge an administrative appeal against this decision if AVIQ has officially notified you of the decision.

The appeal must be lodged within one month of you being notified of the decision.
The appeal must be addressed to the Secretariat of the Advisory Committee on Appeals for Social Welfare and Health Matters (Secrétariat de la Commission d’avis sur les recours pour les questions d’action sociale et de santé).

The appeal can be sent:

• by registered mail or any other means that provides proof of a definite date of sending, to the following address: Avenue Gouverneur Bovesse 100, 5000 Namur ;
• by email to the following address: commission.recours.social@spw.wallonie.be.

The appeal must contain:

• the appellant’s surname, first name, and place of residence or registered office;
• the subject matter of the appeal; and
• a statement of facts and grounds of defence.

A copy of the contested decision must be attached to the appeal.

The Secretariat must acknowledge receipt of the appeal and submit it to the Appeals Advisory Commission within 15 days of receiving it.

Lodging an appeal with the Council of State

The addressee of the decision must have lodged an administrative appeal before being able to appeal to the Council of State. Without this prior administrative appeal, an appeal to the Council of State is inadmissible.

People who are not addressees of the decision may lodge an action for annulment with the Administrative Litigation Section (Section du contentieux administratif) of the Council of State. Such non-addressees must demonstrate that they have a sufficient interest in requesting the annulment of the decision.

For this purpose, the application for annulment must be:

• dated and signed; and
• addressed to the Council of State within 60 days of the publication or effective notification of the decision:
• by registered mail (rue de la Science, 33, 1040 Bruxelles); or
• electronically, to the Council of State (Conseil d’État, rue de la Science, 33, 1040 Bruxelles).

The rules applicable to the lodging of appeals and the content of the application are available on the Council of State website:

The rules of the procedure applicable to filing applications and their content can be found on the Council of State website.

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In mental health services, the rates charged are moderate. These rates are set by regulations.