Courts / Dublin / Report
Supreme Court finds in favour of former patient who sought sole control over living arrangements
Summary
The Supreme Court has granted declarations to an unnamed woman, who was found not guilty by reason of insanity of violent crimes, regarding the handling of her bid to vary living arrangements during conditional release from the Central Mental Hospital (CMH). The Court overturned lower court decisions, holding that the CMH's Clinical Director was wrong to refuse arrangements to facilitate a variation directed by the Mental Health Review Board. The Court declared that the Director failed to perform a statutory duty and that the Review Board's decision, which balances clinical decisions, patient rights, and public interest, must be put into effect. The Court noted the Director acted in the woman's best interests but that the role of determining how interests are protected lies with the Review Board. The woman, who is now unconditionally released and resides with her family, was not found to be entitled to damages for breach of her constitutional rights. However, the matter was adjourned to a later date to determine whether she is entitled to damages under the ECHR Act. The appeal was heard by a panel including Chief Justice Frank Clarke and Ms Justice Marie Baker, who delivered the judgment.
Who, what, where, when and why
What: Report matter: Supreme Court finds in favour of former patient who sought sole control over living arrangements. Procedural stage: appeal. Findings: Not guilty by reason of insanity
When:
- 2020-06-04 Publication
Case subjects
Convicted Person
Finding: Not guilty by reason of insanity
Outcome: Not guilty by reason of insanity; The Mental Health Review Board, which reviews the detention of patients in the CMH, directed the CMH's Clinical Director to assess and confirm the making of certain arrangements to facilitate the variation, and to supervise and enforce the revised conditions.; After holding that she is not entitled to damages for breach of her constitutional rights, the court adjourned the issues of whether she is entitled to damages under the ECHR Act to a later date.
Places mentioned
- The Supreme Court
- High Court
- The High Court
- Supreme Court
- Central Mental Hospital
Topics
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