Judge orders detention of vulnerable woman in care unit

ireland
Judge Orders Detention Of Vulnerable Woman In Care Unit
Based on the evidence, High Court president Ms Justice Mary Irvine said she was satisfied to make the detention and other orders sought.
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The HSE has secured orders for the detention of a vulnerable young woman in a care unit because she has expressed a desire to leave and is regarded as a risk to herself and others.

She has a history of self harm and convictions for assault and has said she wants to give birth to a child so she can kill it, Patricia Hill BL, for the HSE, said.

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She is currently subject to three to one supervision and staff wear protective clothing when dealing with her, the court heard.

Ms Hill applied ex parte (one side only represented) on Friday for various orders in intended wardship proceedings.

Guardian

Based on the evidence, High Court president Ms Justice Mary Irvine said she was satisfied to make the detention and other orders sought.

Those include orders appointing a guardian ad litem to represent the woman’s interests in the wardship proceedings and directing a court-appointed medical visitor to carry out a capacity assessment on the woman.

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Now aged in her late twenties, the woman has a mild intellectual disability, a personality disorder and a long-standing history of psychological, cognitive and behavioural issues.

Ms Hill said there have been earlier capacity assessments on the woman over the years with earlier assessments considering she has capacity.

Lacks capacity

In a more recent report last August, her treating psychiatrist expressed the view she lacks capacity. Another psychiatrist had since reported she could not express a definite view in relation to whether the woman has capacity or not. In that report, the doctor said the longest the woman has been stable over a seven-year period “could be measured in hours”.

Ms Hill said the situation is that there is evidence from three different psychiatrists over a number of years expressing the opinion the woman lacks capacity.

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It was in those circumstances the HSE had initiated this wardship application, counsel said.

Given her episodes of self harm and her assaultive behaviour, the woman is considered a potential threat to herself and others, counsel said.

The HSE wanted orders for her detention in her current unit for reasons including she has expressed a desire to leave and possibly go to a hostel or to a sister’s home where there are children.

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Her family seemed willing to facilitate her leaving the unit, but it is important the court hears her views, counsel said. If she leaves, the woman is also vulnerable to “multi-faceted abuse”, she added.


If you have been affected by any of the issues raised in this article, you can freephone the Samaritans 24 hours a day for confidential support at 116 123 or email jo@samaritans.org.

Alternatively, the contact information for a range of mental health supports is available at mentalhealthireland.ie/get-support.

In the case of an emergency, or if you or someone you know is at risk of suicide or self-harm, dial 999/112.

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