Judge slates family’s attempt to force entry into nursing home

The president of the High Court has said it is “disgraceful” that family members of a homeless woman tried to force their way into her nursing home last weekend with one allegedly passing to her a jumper containing illegal drugs.

The woman has chronic incurable illness and a history of drug addiction.

She was taken the following day to a hospital emergency department with chest pains. Although she is now fit to be discharged and returned to the nursing home it will not take her back because of her family’s conduct.

Nursing home staff had, in line with visitor restrictions due to coronavirus concerns, refused entry to members of the woman’s family at the weekend. But family members were insistent with staff and tried to force entry. One passed a jumper containing illicit drugs to her through a window, said Katherine Kelleher, solicitor for the Health Service Executive.

Staff and residents who witnessed this were upset [and] “even more so because of the seriousness of Covid-19 and the risk of infection”, said Ms Kelleher. Gardaí were called but the family members had left by the time they arrived. The family are “notorious” in their area for involvement in drugs and crime and appear to be of the view the courts are not sitting and they can act “with impunity” as a result, she added.

The HSE is trying to find another nursing home to take the woman, who is middle-aged with several heath conditions. These include chronic pulmonary disease and a recently diagnosed chronic incurable illness, said Ms Kelleher when seeking various orders under the court’s wardship jurisdiction.

If the woman contracted Covid-19, a doctor has said it is unlikely she would survive, added Ms Kelleher.

Mr Justice Kelly said he wanted to make clear the courts are sitting and, if there is any repetition of such behaviour, those involved “will find that out very quickly indeed”. What happened here was “shocking” and “really disgraceful”. He would have thought the family would have been aware she has an incurable illness and her time on earth is limited. “And instead they behaved like this.”

Such behaviour “cannot be tolerated or repeated”. The court can only invoke its wardship jurisdiction if there is evidence of lack of capacity but in the current climate doctors cannot be expected to attend court, he said. Ms Kelleher had provided sworn testimony, based on a 12-minute conversation with a treating doctor, that the woman has capacity concerning some matters but may be impaired in making decisions concerning others.

‘Telling evidence’

She did not, for example, understand the significance of her diagnosis in recent months with a chronic incurable illness. The judge was satisfied the evidence raised questions about the woman’s capacity and he directed a medical visitor should assess this and appointed a guardian ad litem to represent her interests. He also authorised her discharge from the hospital emergency department when she is deemed clinically fit and for her transfer to, and treatment in, another nursing home when such a placement is found. Her recent diagnosis with an incurable condition meant only a nursing home is appropriate, he said.

There is “telling evidence”, if the woman contracts Covid-19, it was very unlikely there would be other than a fatal outcome so it is appropriate all steps are taken to avoid that, he said. Any nursing home contacted about taking the woman will have to be fully informed what happened at the previous home and of court orders aimed at ensuring no repetition of that conduct, he said.

Those orders include ones restraining the family members visiting the woman and permitting the HSE not to to inform them of her whereabouts. Any nursing home which admits her is permitted to confiscate her mobile phone to prevent contact between her and family members which might disclose her location. The HSE also obtained liberty to issue proceedings for injunctions against the relevant family members.