M.C. wins Supreme Court ruling on residence conditions

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

M.C. won declarations from the Supreme Court on residence conditions on 4 June 2020, after the court found the Clinical Director had failed to perform a statutory duty.

The case concerned conditions attached to her release from the Central Mental Hospital and a Review Board decision allowing her to choose where she lived. Before the High Court hearing, the Review Board had unconditionally discharged her from the hospital.

The Supreme Court held that her claim was not moot and overturned the lower courts’ decisions. It did not award damages for breach of constitutional rights, while directing further submissions on possible damages under the European Convention on Human Rights Act 2003.