W (F) v Department of PsychiatryJames Connolly Memorial Hospital
Jurisdiction | Ireland |
Judge | Mr. Justice Hedigan |
Judgment Date | 18 August 2008 |
Neutral Citation | [2008] IEHC 283 |
Docket Number | [2008 No. |
Court | High Court |
Date | 18 August 2008 |
[2008] IEHC 283
THE HIGH COURT
BETWEEN
AND
MENTAL HEALTH ACT 2001
MENTAL HEALTH ACT 2001 S14(2)
DOMESTIC VIOLENCE ACT 1996
MENTAL HEALTH ACT 2001 S12
MENTAL HEALTH ACT 2001 S12(1)
MENTAL HEALTH ACT 2001 S12(1)(a)
MENTAL HEALTH ACT 2001 S9(2)(c)
MENTAL HEALTH
Detention
Involuntary patient - Legality of detention - Release - Examination - Independent judgment - Applicant detained by gardaí upon release from involuntary detention - Gardaí informed by applicant's psychologist that applicant suffering from mental disorder - Whether respondent precluded from being an informant to gardaí - Whether gardaí had reasonable belief - Whether decision independent - Whether medical advisor exercised independent judgment - Mental Health Act 2001 (No 25), ss 9, 12, and 14 - Detention found to be lawful (2008/1245SS - Hedigan J - 18/8/2008) [2008] IEHC 283
W(F) v James Connolly Memorial Hospital
Facts: The applicant was a patient of the respondent out patient service and sought her release from detention pursuant to Article 40.4 of the Constitution. An original order had been revoked on the grounds of its suspected invalidity and the Gardai had brought her for treatment after a period had passed where she was free to leave. The applicant alleged that she was never released from an unlawful detention and that her removal by the Gardai to Hospital on the recommendation of a doctor was not valid in so far as it was not an independent judgment.
Held by Hedigan J. that the application for the relief sought would be refused. The substance of the order was not affected by minor errors and no injustice was caused thereby. The relevant doctor had employed the correct procedures.
Reporter: E.F.
Mr. Justice Hedigan delivered the 18th day of August 2008.
The applicant is a married lady of forty-five years with two adopted children. The applicant has been a patient of the respondent's out-patient service since November, 2007. She has a history of mental disorder and she has been assessed as suffering from paranoid delusions. She was admitted as a voluntary patient with a history of depressive disorder with psychotic features to St. John's of Gods Hospital in March, 2008. She remained as an in-patient for approximately five weeks and was discharged on 15 th April, 2008. According to her history at the time, she had through a series of significant life events developed a complex delusional system relating to a conspiracy involving neighbours and her sister. Upon discharge she seems to have improved considerably and was prescribed inter alia certain medication to continue for four to six months with out-patient department review. At some stage subsequent to discharge she ceased taking her medication. As a result of this, her psychiatric health deteriorated, and she was committed to the Psychiatric Department at Connolly Hospital, which is an approved centre within the Mental Health Act, 2001. She was brought there on the evening of 31 st July, 2008. An original admission order was signed on the morning of 1 st August, 2008 following assessment pursuant to s. 14(2) of The Mental Health Act, 2001. As a result of the discovery by Dr. Jacqueline Benbow, Clinical Director of The Psychiatry Department, that the original admission order might be invalid, legal advice was sought by her. As a result of this advice Dr. Benbow revoked the order. The invalidity was due to the fact that the applicant for the original admission order was the applicant's spouse. Because the applicant had initiated some short while previously proceedings under The Domestic Violence Act against her husband he was rendered disqualified from making an application for an admission order, thereby invalidating the order under which the applicant was being detained. In a letter produced to the court, the applicant's family state that the applicant's marriage of twenty-two years has been a stable and happy one and with no known incident of domestic violence. Dr. Benbow considers the application under the Domestic Violence Act, to be a consequence of her paranoid delusions. Nonetheless, Dr. Benbow on legal advice considered the involuntary admission to be invalid. She however considered the applicant to be suffering from a mental disease and was greatly concerned for her well-being and safety if she were to leave the hospital. Dr. Benbow initially tried to persuade the applicant to remain. She explained that if she left there could be further applications for her detention. These could be made by a family member or the Gardaí, she explained. The applicant asked for a cup of tea and indicated a desire to speak to her solicitor. She used her mobile phone to leave a voice message for him. Despite being advised by Dr. Benbow that she was free to leave, the applicant did not do so. The applicant subsequently received a text message from her solicitor, advising her to leave the hospital. She approached staff at 23.00 and told them that she had received this message. At 23.30 she left the hospital, but was met outside by the Gardaí, with whom she went to the Garda Station at Blanchardstown. The Garda presence was as a result of Dr. Benbow's earlier notifying the Gardaí of the situation. They had indicated to her that if urgent problems did not preclude it, they would send a car if necessary and bring the applicant to the Garda station with a view to having her examined by a medical practitioner pursuant to s....
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