Judgment: 2021-07-02 · Court archive

High Court allows HSE to move ward to Kilkenny placement after weighing family access concerns

The court said Iron Hills was the only reasonably available suitable placement, while directing further planning and court review of the move and proposed restraints.

High Court, Wards of Court · [2021] IEHC 465

Who, what, where, when and why

Who
  • CL (Respondent)
  • TL
  • DL
  • Niamh Hyland (Judge)
  • Alan Tennyson
What

The court said Iron Hills was the only reasonably available suitable placement, while directing further planning and court review of the move and proposed restraints.

Where

Places mentioned in the report

  • Teach Mhuire
  • Iron Hills
  • Cork
  • Newmarket, Co Cork
  • Tullaroan
When

Judgment:

Other dates in the report
  • 15 May 2021

    The proposed apartment is to be converted from a garage and customised for CL. Its internal plans were not yet complete. The judge found that its small size would pose challenges, but considered that the separate building, garden for CL’s exclusive use and potential for a low-stimulation environment outweighed those concerns. She also cited the multidisciplinary team Nua Healthcare would provide. The judgment noted that a serious incident at Teach Mhuire on 15 May 2021 illustrated the challenges of caring for CL, while cautioning that it did not reflect his behaviour most of the time.

Why

Reasons reported in the judgment

In a judgment delivered on 2 July 2021, Ms Justice Niamh Hyland said CL had to leave his current placement because St Joseph’s Foundation could no longer accommodate him other than in the short term. She found that without a move there was a risk of a crisis discharge, which would not be in CL’s best interests.

The High Court has given the HSE liberty to move CL, an 18-year-old ward of court, from Teach Mhuire in Newmarket, Co Cork, to a tailored residential apartment at Iron Hills in Tullaroan, Co Kilkenny. The move may take place at a time to be arranged after a transition plan is completed; the court did not order an immediate transfer.

In a judgment delivered on 2 July 2021, Ms Justice Niamh Hyland said CL had to leave his current placement because St Joseph’s Foundation could no longer accommodate him other than in the short term. She found that without a move there was a risk of a crisis discharge, which would not be in CL’s best interests.

CL’s parents, TL and DL, opposed Iron Hills mainly because it would make visiting much harder. They estimated the journey from their home in Cork would take about two to two-and-a-half hours each way, reducing visits by his mother from three or four times a week to about once weekly. The judge accepted that physical access would be substantially reduced, but said no other reasonably available suitable placement had been identified. Proposals from Positive Futures, Resilience and Praxis Care could not provide an available placement for CL. The court was deciding whether to approve the proposed move, not conducting a general review of the HSE’s search for alternatives.

The proposed apartment is to be converted from a garage and customised for CL. Its internal plans were not yet complete. The judge found that its small size would pose challenges, but considered that the separate building, garden for CL’s exclusive use and potential for a low-stimulation environment outweighed those concerns. She also cited the multidisciplinary team Nua Healthcare would provide. The judgment noted that a serious incident at Teach Mhuire on 15 May 2021 illustrated the challenges of caring for CL, while cautioning that it did not reflect his behaviour most of the time.

The court directed that remote contact with CL’s parents continue as part of transition planning and asked to be updated on whether visits could be arranged at a midpoint. The committee may comment on the apartment’s internal plans before work begins: the plans must be provided when finalised, and work must wait one week to allow input.

The order also requires CL’s personal care plan, due within 28 days of his arrival, to address mechanical and other restraints. The matter must return to court within a further 28 days after the plan is produced so parties can make submissions if necessary. Before transfer, Nua must document how its proposed behavioural regime complies with recommendations made by behaviour specialist Alan Tennyson. The parties have liberty to apply.

Read the original court judgment

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