Judgment: 2013-11-07 · Court archive

High Court rejects challenge to safeguards for minors detained for mental health treatment

Mr Justice Birmingham dismissed a minor’s claim that section 25 of the Mental Health Act 2001 lacked adequate safeguards. He declined to make constitutional or Convention declarations, or the procedural declarations proposed by the plaintiff.

High Court · [2013] IEHC 490

Who, what, where, when and why

Who
  • X.Y.
  • Health Service Executive (Defendant)
What

Mr Justice Birmingham dismissed a minor’s claim that section 25 of the Mental Health Act 2001 lacked adequate safeguards. He declined to make constitutional or Convention declarations, or the procedural declarations proposed by the plaintiff.

Where

Places mentioned in the report

  • Merlin Park Child and Adolescent Mental Health Service Inpatient Unit
When

Judgment:

Why

Reasons reported in the judgment

The plaintiff argued that the law left minors who objected to detention and treatment without adequate procedural protections, and treated them less favourably than adults. In his judgment, Mr Justice Birmingham rejected that challenge. He said section 25, read alongside the Child Care Act 1991 and section 4 of the Mental Health Act, provided significant safeguards, including court oversight, time-limited detention orders, opportunities to make representations and routes to seek further directions or review. He also noted that the law required court approval for certain treatments for minors and a second psychiatrist’s authorisation for long-term medication.

The High Court has dismissed a 16-year-old girl’s challenge to the safeguards governing the detention and treatment of minors under section 25 of the Mental Health Act 2001. Mr Justice Birmingham refused to declare the section unconstitutional or incompatible with the European Convention on Human Rights and declined to make other declarations proposed on her behalf.

The plaintiff, identified in the judgment as X.Y., sought declarations concerning the lawfulness of her detention, forcible medication and physical restraint. She had been admitted to Merlin Park Child and Adolescent Mental Health Service Inpatient Unit after a suicide attempt and remained there under District Court orders. The judgment said she was at high risk of suicide and that discharging her at that stage was considered highly dangerous.

The case followed an earlier High Court judgment authorising the Health Service Executive to obtain a blood sample needed to monitor possible serious side effects of her medication. The court had appointed a solicitor to represent the girl’s views. A District Court later appointed a guardian ad litem, obtained a consultant psychiatrist’s second opinion and extended the detention order. The judgment records that the independent medical reports did not challenge the appropriateness of her treatment regime.

The plaintiff argued that the law left minors who objected to detention and treatment without adequate procedural protections, and treated them less favourably than adults. In his judgment, Mr Justice Birmingham rejected that challenge. He said section 25, read alongside the Child Care Act 1991 and section 4 of the Mental Health Act, provided significant safeguards, including court oversight, time-limited detention orders, opportunities to make representations and routes to seek further directions or review. He also noted that the law required court approval for certain treatments for minors and a second psychiatrist’s authorisation for long-term medication.

The judge said the safeguards could be improved and more clearly set out, but that this did not establish a basis for striking down the law. He expected section 25 to be applied in a way that complied with the Constitution and the Convention, and said the HSE should draw the court’s and parties’ attention to the option of appointing a guardian ad litem or considering another suitable procedure.

The plaintiff’s counsel had also proposed narrower declarations about appointing a guardian, obtaining independent medical reports and seeking court approval for treatment regarded as necessary. The judge refused those as well, finding they offered no practical advantage in the circumstances and risked being either too prescriptive or too general. He dismissed the claim.

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