The High Court has refused an application by the Child and Family Agency (CFA) for detention-type orders concerning KK, a young woman who remains a Ward of Court. The court said the CFA must bring any application under the High Court’s inherent jurisdiction through a new Notice of Motion in the Central Office, following the applicable procedure.
The application sought powers for gardaí to search for, arrest without warrant and return KK to her residential placement if she absconded or failed to return from leave. It also sought authority for her admission and detention in an approved centre or acute hospital if clinicians considered it appropriate. The court did not grant those orders.
The application was brought in wardship proceedings before rules for inherent-jurisdiction applications took effect. Justice Niamh Hyland held that the CFA could not pursue the requested relief through the Wards of Court Office in those proceedings. She directed that any renewed application be lodged in the Central Office under Order 67A, Rule 19, and follow Practice Direction HC123.
The judgment sets out the evidence and submissions behind the request but makes no finding on whether the proposed detention restrictions are justified. A report by a CFA doctor had said KK lacked capacity to enter safe platonic and sexual relationships and was vulnerable to exploitation. The judge said that assessment had serious consequences because the orders sought could prevent KK from forming romantic or sexual relationships. She said a new application should include medical evidence from someone other than the CFA about KK’s capacity in that area.
The judge also said that, if the additional evidence established a lack of capacity, the renewed application should include independent medical evidence on whether the proposed restrictions were necessary to vindicate KK’s constitutional rights. She said courts would usually benefit from medical evidence from two separate sources on an initial detention application, while recognising that exceptions may arise, including in urgent cases. The judgment also emphasised the importance of representation for the person concerned and ensuring that their own views are heard.
KK took part in the hearings by video link and was represented by her Committee, the General Solicitor for Minors and Wards of Court. She remains a Ward of Court unless a discharge application is made. The court listed the matter for costs on 20 October 2023.