The High Court has authorised the transfer of an anonymised Irish man in his fifties to a specialist placement in the United Kingdom for care and treatment, finding that no suitable placement was available for him in Ireland.
In an ex tempore ruling delivered on 3 April 2025, Mr Justice Heslin said the transfer was necessary and proportionate to protect the rights of a vulnerable adult who lacked capacity to make the relevant decisions about his care and where it should be provided. The orders also allow him to remain at his current placement until a place at the UK facility becomes available. The judge said the orders must be subject to periodic and intensive review.
The HSE brought the application under the High Court’s inherent jurisdiction. The man had been admitted to wardship in 2017 and was discharged under the Assisted Decision-Making (Capacity) Act 2015. Orders providing for his care under the court’s inherent jurisdiction were made in February 2025. The present application sought authority for the proposed transfer and his detention and treatment at the specialist facility.
Medical evidence before the court described complex care needs and risks of harm to himself and others. Clinicians said his current placement could not provide the specialist environment and treatment required, and that no appropriate placement was available in Ireland. The judge described the medical evidence as uncontroverted. The proposed UK facility had agreed to accept him, subject to a place becoming available.
The man had previously received care at the proposed facility between October 2016 and April 2018, then moved to other placements in England and Ireland. His guardian ad litem reported that in January he opposed returning, saying he was settled at his current placement and did not want to go. By March, she told the court, he had consistently expressed a wish to transfer to England as soon as arrangements could be made. The judge noted both his recent wish and his earlier opposition.
The man’s sister appeared remotely and made submissions opposing the transfer on behalf of the family. She raised concerns about his current care, the earlier transfer to England, access to family and whether he would return. The judge stressed that the family had filed no affidavit evidence supporting their objection, and said he had no evidence before him of deficient care. He also said the court had no jurisdiction in this application to direct an inquiry into past care; complaints could be made to relevant oversight bodies.
The ruling said the application concerned the adult’s needs and rights, and that family members were not proxy consent givers. The judge granted the transfer-related orders sought, while requiring continued care at the present placement pending availability of a UK place and periodic, intensive review.