The High Court discharged F.E. from wardship and vacated all existing orders after finding that the evidence did not support continuing his detention and that he had regained capacity.
The ex tempore judgment was delivered by Ms Justice Niamh Hyland on 25 October 2022. The review concerned a May 2022 order that kept F.E. in a nursing home in North Dublin and included orders preventing him from leaving and providing for his return.
The Health Service Executive (HSE), which had brought the application, said it had evidence that F.E. no longer lacked capacity and did not seek to renew the detention order. The General Solicitor, acting as committee of F.E.’s person and estate, maintained that he continued to lack capacity and sought continuation of the order.
Justice Hyland heard oral evidence from consultant psychiatrists Dr Karen Elizabeth Humphries and Dr Monteiro after reviewing three recent medical reports. Dr Humphries concluded that F.E. had regained capacity. Dr Monteiro’s report said he lacked capacity, while a report by Dr Doherty also supported that conclusion but was not tendered by the HSE. Dr Doherty did not give evidence.
Dr Humphries described substantial cognitive improvement and said F.E. did not fail any part of the four-part capacity test she applied. She considered that he had mild cognitive impairment that did not interfere with capacity. Dr Monteiro’s evidence, the judge concluded, treated the risk that F.E. would resume drinking and suffer serious harm as a reason to find incapacity. The judge said that best interests could not be taken into account when assessing capacity under the applicable law.
F.E. told the court he understood the dangers of alcohol and did not intend to return to drinking. Justice Hyland said his evidence, alongside the medical evidence, supported the conclusion that he understood the consequences of drinking and was determined to avoid it.
The judge held that the General Solicitor’s application to continue detention was not supported by evidence of lack of capacity and must fail. She found evidence that F.E. had regained capacity and, accordingly, discharged him from wardship and vacated all existing orders. The judgment did not set out any further order about his residence.