Courts / Ireland / Report
Court orders intellectually disabled man be discharged in to the community
Summary
In January 2018, Mr Justice Peter Kelly ordered the discharge of an intellectually disabled young man who had been detained in a hospital since November. The detention had been imposed after an emergency application by the hospital, citing the man's serious health risks from not taking medication, his underweight condition, incontinence and potential sepsis. The court found he lacked capacity to manage his health and that continued detention was not justified. His father and an HSE disability services manager appealed, arguing the man was not psychiatrically ill and that confinement in a small room was restrictive and contributed to his challenging behaviour, including an assault on a nurse. The judge noted that the man had improved physically under hospital care but that the restrictive environment worsened his behaviour.
Who, what, where, when and why
What: Report matter: Court orders intellectually disabled man be discharged in to the community. Procedural stage: sentence
When:
- 2018-01-23 Publication
Why: In his ruling, Mr Justice Kelly said he could not justifiably order the man's futher detention either in hospital or a psychiatric facility because he is medically fit for discharge, not psychiatrically ill and the impact of his behaviour on staff and patients. CNI source report
Case subjects
Accused
Outcome: The detention was ordered following an emergency application by the hospital to have the man made a ward of court when he went there in November in what the president of the High Court, Mr Justice Peter Kelly, described as a "wretched" condition; seriously underweight, incontinent and at risk of sepsis.
Places mentioned
- High Court
Topics
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