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...