HSE tells of ‘unprecedented’ situation as steps taken to cut wards of court hearings

The president of the High Court, while stressing there must be “no shortcutting” of the human rights of wards of court, has approved a range of proposals aimed at reducing wards of court lists while the coronavirus crisis continues.

The steps, proposed by the HSE and the general solicitor for wards of court, include deferral of reviews of the situation of some wards, where those are not considered urgent, and measures aimed at ensuring doctors do not have to prepare documents for some hearings.

Some wards who had been in hospital and were deemed fit for discharge were discharged last week to nursing homes, sometimes against their wishes.

Katherine Kelleher, solicitor for the HSE, told Mr Justice Peter Kelly on Monday these are “very strange times”, the HSE is facing an unprecedented situation and she wanted to inquire how the court proposed to deal with wardship lists in the coming weeks.

The judge said he, or another judge, would be available every day to deal with urgent wardship matters.

He understood the pressures on the HSE and did not want doctors to have to prepare documents for court hearings when they are under pressure and when non-urgent wardship matters could be adjourned on consent.

He would facilitate steps to adjourn, including by email, non-urgent matters and to limit the number of lawyers and others in court. Where there was consent to adjournments, there was no need for any attendance in court, he indicated. While the rights of individuals have to be preserved, some of the more formal court procedures do not have to be adhered to, he said.

Ms Kelleher said families of some wards who had resisted their discharge from acute hospitals because they were holding out for a place for the ward in a particular nursing home are, in light of the crisis, taking a “more pragmatic” approach and consenting to the nursing home placements they had previously opposed.

“Everyone sees how serious this is,” she said. Ms Kelleher asked that one wardship review fixed for March 27th, which envisaged doctors giving oral evidence, be adjourned to the next law term because the HSE cannot ask doctors in acute hospitals to travel for that.

The judge granted the adjournment.

Patricia Hickey, general solicitor for wards of court, said she was prepared to consent to nursing home placements once they were deemed suitable for the particular ward. Certain nursing homes are not suitable for wards with particular conditions, she said. Ms Hickey said she and Ms Kelleher will work together and with other solicitors representing wards with a view to ensuring steps are put in place to reduce hearings, minimise court attendances and free up medical personnel.

On Monday, the judge dealt with five wards cases, involving fewer than 20 people in court in total. One case involved a vulnerable 17-year-old girl with what Mairéad McKenna, for the HSE, described as a chronic and disturbing history. She was involved in self-cutting when aged almost 14 and has been involved with the mental health services here and in the UK for some years. She has been in an adult psychiatric hospital ward since October and her treating psychiatrist said it was an “absolute priority” she be moved to a private specialised care facility. Her mother initially opposed that placement but is now consenting, Ms McKenna said.

Mr Justice Kelly said he was satisfied the placement was in the girl’s best interests and made the relevant orders with a review date in late July. Just before the wardship list began, the judge asked all in court to observe social distancing and for any member of the public to go to the public gallery. There were no members of the public in court.