Mental hospital custody challenged

A woman with a history of depression and self-mutilation but with no criminal convictions has brought a High Court challenge to the legality of her detention at the Central Mental Hospital in Dublin.

The court heard the woman had been at the hospital since May and wanted to return to St Brendan's psychiatric hospital, but it did not wish to take her.

The woman claims she understood she was to remain at the Central Mental Hospital for 28 days but is still there. She has secured leave to seek orders, in judicial review proceedings, directing she be returned to St Brendan's. She has also brought a challenge under Article 40 of the Constitution to the legality of her detention.

Yesterday, Mr Justice O'Neill adjourned that challenge for a week saying he wanted written evidence of the Central Mental Hospital's stance on the situation.

Mr Francis Griffin, for the mental hospital and St Brendan's, said the clinical director of St Brendan's, Dr Angela Mohan, believed the woman required to remain at the Central Mental Hospital. He could certify the detention under section 208 of the Mental Treatment Act.

Mr Justice O'Neill said he had a letter from the Central Mental Hospital, dated last October 12th, stating it believed for some time the woman did not require its special security conditions.

Dr Michael Forde SC, for the woman, argued the detention was unlawful but asked that the matter could be adjourned for a week.

The judge said if she was in unlawful detention he would free her. The Central Mental Hospital appeared to be stating on paper she no longer needed to be there. He was now being told it was saying she should be there. That would have to be put on paper. He would receive the certificate of detention but he was adjourning for a week.

The woman is 42 and has four children in care. Her mother died before she was 12 and she lived in a children's home from the age of 14. She was married for a time but her husband was abusive. She had a history of self-mutilation and was said to regularly become depressed about losing her children.

In 1993, she was admitted to St Brendan's with depression. Later that year, she was admitted to another hospital having taken an overdose. About this time, it was recommended she needed mental handicap services.

She was a patient in St Brendan's between 1995 and 1998 where she was involved in assaults on staff and patients. She has had further admissions since to St Brendan's, the Central Mental Hospital and other hospitals.

On May 17th last, she was admitted to the Central Mental Hospital having tried to strangle herself and having threatened other patients and staff. She was held in seclusion on several occasions.

In the letter of October 12th , Dr Harry Kennedy of the Central Mental Hospital said he had been of the opinion for some time the woman did not require its special security conditions. In a review of the woman last year, he expressed the view only a specialist learning disability service could provide appropriate treatment and care.

In a letter to Dr Kennedy on October 15th, Dr Mohan disagreed that she did not require more security than St Brendan's could offer. She said St Brendan's difficulties were repeated threats by the woman of harm to staff. It was also alleged she was a threat to other patients.