Irish teenager appeals for permission to return to State

HSE queried order directing return of young woman from English psychiatric facility

A young Irish woman  who has spent 19 months in a specialist adolescent facility in England has appealed to be permitted return to the State, in line with a High Court order made March last. File photograph: Alan Betson/The Irish Times
A young Irish woman who has spent 19 months in a specialist adolescent facility in England has appealed to be permitted return to the State, in line with a High Court order made March last. File photograph: Alan Betson/The Irish Times

A young Irish woman with a history of self-harm and who has spent 19 months in a specialist adolescent facility in England has appealed to be permitted return to the State, in line with a High Court order made March last.

The HSE has asked Mr Justice Seamus Noonan to vary aspects of the March order of Ms Justice Bronagh O'Hanlon directing the return of the 18-year-old woman.

It argues that the teenager’s health condition has deteriorated, that she is a suicide risk and that there is no suitable facility here to treat adolescents with psychiatric difficulties.

The woman disputes that her condition has deteriorated, arguing that self-harming episodes in recent months were “superficial” and due to frustration at not being permitted return home.

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She said that any suicide risk would be reduced by her being allowed to come home.

The HSE has appealed the March order to the Court of Appeal, which has placed a stay on the order pending the outcome of the application to vary it.

Issues raised in the case include the woman’s capacity to make decisions about her treatment and whether her condition allows for detention under the Mental Health Act.

In documents read to the court, the young woman said she feels “so isolated and very alone” in England without her family and friends, and she does not want to stay there.

Her preferred option was to return to the State to live with her father, who is separated from her mother, and she is prepared to voluntarily cooperate with treatment, the judge was told.

Difficulties at school

In the documents, the woman said she had had a normal childhood in the Republic and had been happy until she began experiencing difficulties at the age of eleven with other children in school.

She said that she began seeing life “as a punishment” and regarded others as representing a danger to herself, without realising she was a danger to herself.

She said that she was not crazy, but just an average teenager with interests in bands, makeup and shopping, the only difference being in relation to her circumstances and outlook.

She said that, after a particular bullying incident, she began cutting herself and became “the HSE’s problem”. At 14, she was treated in hospital and put on high doses of medication.

Over the following years, there were several episodes of self-harm and hospitalisations. She was also subject to court orders permitting the administration of medication and blood tests to her against her will, after being found to lack capacity.

She was flown by military aircraft to the English hospital unit in late 2013 due to factors including regular self-harming incidents.

She said she had “begged and pleaded” not to go, but was told that she would be handcuffed if she did not.

She said that she had been permitted home for a visit in late 2014, which had confirmed that she did not want to go back to the UK.

When she turned 18 early this year, she again sought to return home.

She was assessed by a psychiatrist, who said that she had fluctuating capacity, and that a plan would be put in place for her return.

The High Court found March last that she lacked capacity but should be returned to and treated in the Republic.

She said that, on that decision: “Words could not describe how happy I was.”

She said that she had become frustrated by the delay in effecting that return and by the HSE’s application to vary the March order.

She said she had felt “hopeless” and self-harmed superficially on two occasions.

The hearing continues on Wednesday.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times