Courts / Ireland / Report

Man argues he has Constitutional right to community-based mental health care

Date
2022-05-23

Stage
Hearing Or Decision

Summary

A man in his 30s, diagnosed with schizophrenia, has obtained High Court permission to challenge the HSE's alleged refusal to provide community-based mental health services. The applicant, who has a history of homelessness, addiction, and convictions for assault and criminal damage, claims his condition deteriorated after release from prison, where he received effective psychiatric support. He alleges the HSE rejected referrals from medical experts, citing him as a "forensic risk," and has not offered appointments or waiting-list acknowledgement. Represented by Michael O'Higgins SC and Brendan Hennessy BL, instructed by solicitor Eileen McCabe, the man and his partner seek judicial review to quash the refusal or compel the HSE to consider his application. They also seek declarations that the HSE erred in law, breached his Constitutional and European Convention on Human Rights, and that he possesses a Constitutional right to the specific community care required given his lifelong mental health issues. Counsel argued that without these services, the man risks becoming a danger to himself and others. The application for permission came before Mr Justice Charles Meenan, who granted it on an ex-parte basis. Noting the urgency of the action, the judge made the matter returnable to a date in June. The parties cannot be named for legal reasons.