The High Court has ordered a National Museum of Ireland officer to disclose mental health records for the period from 1 January 2005 to the date of discovery, but directed that the affidavit and documents be sealed on the court file. The trial court may use them only if needed to determine an appropriate remedy in the officer’s claim over his suspension.
The ruling, delivered by Ms Justice Murphy on 1 March 2018, concerned the museum’s application for discovery. The officer, an Assistant Keeper of Irish Antiquities, was suspended on full pay from 28 February 2017. He claims the suspension was unlawful. The court was deciding the discovery application, not the underlying claim.
The museum argued that records concerning stress, anxiety, depression and counselling were relevant to whether the officer was fit to work and to his requests for declarations and injunctions preventing the museum from requiring psychiatric or psychological assessments. The officer opposed disclosure, arguing that the museum’s decisions had to be judged on the information available to its decision-makers at the time.
The court found that the decision-makers were not aware of the medical or counselling notes when they placed the officer on paid leave, suspended him, or required assessments. The records therefore were neither relevant nor necessary to decide the core issue of whether the suspension was lawful. The museum would have to justify its decisions based on what was known when each was made.
However, the officer also seeks a perpetual injunction preventing the museum from requiring psychiatric and psychological evaluations. Justice Murphy said the trial court might need the records when deciding what relief to grant if the museum failed to defend the suspension claim. The court considered that the material should be available for that limited purpose without giving the museum an unfair advantage in the substantive case.
The order requires discovery on oath of the specified mental health material, including relevant medical and counselling notes, and production of copies. The affidavit and documents must be sealed and placed on the court file. They will be available to the trial court if required solely on the question of remedy. The trial court will decide their ultimate use depending on the outcome of the claim.
The judgment does not decide whether the suspension was lawful, whether the requested assessments were permitted, or what final relief the officer should receive.