Mental Health Case Law Update

Transfer and Detention Under Inherent Jurisdiction of High Court

HSE v VF [2014] IEHC 628 The High Court made an order under its inherent jurisdiction for the transfer of a 45-year old woman in need of special therapeutic and welfare services from an approved centre to a nominated care facility in circumstances where a lacuna in the Mental Health Act 2001 meant that no order could be made under the Act to effect such a transfer. Read a detailed article on the judgment here.

Duty of Tribunal to Give Reasons

AX v Mental Health Tribunal & Anor [2014] IEHC 592 The High Court rejected a challenge to a decision of the Mental Health Tribunal affirming an involuntary admission to an approved centre for treatment of a mental health disorder. The judgment contains a detailed discussion of the obligation on the Tribunal to provide reasons for its decision on a review. It also considers whether a defect in a prior admission or renewal order can taint a subsequent renewal order.

Section 10 Examinations

LB v The Clinical Director of Naas General Hospital [2015] IEHC 34 The High Court rejected a challenge to the adequacy of a section 10 examination carried out on the applicant prior to the making of a recommendation for her involuntary admission to an approved centre under the provisions of the Mental Health Act 2001. The judgment considers the requirements of a valid section 10 examination, and in particular whether a medical practitioner can have regard to personal knowledge he/she may have of a patient's case when conducting such an examination.

Enduring Powers of Attorney

AA & Anor v FF [2015] IEHC 142 The High Court considered the general principles governing its jurisdiction to supervise an attorney appointed pursuant to an enduring power of attorney. The Court considered the following issues (i) whether and to what extent an attorney acting under a registered enduring power of attorney is obliged to account to the High Court; (ii) whether and to what extent an attorney acting under a registered enduring power of attorney is obliged to account to other persons in a close family connection with the donor; and (iii) whether the High Court has a general or specific supervisory role in respect of the exercise of the function by an attorney, and how such supervisory role is to operate in practice.

Capacity

Health Service Executive v JB [2015] IEHC 216 The High Court found that the defendant, JB, a young adult suffering from a personality and conduct...