AN ILL mother who is fighting proceedings to have her infant daughter placed into long-term foster care is to be allowed give evidence by video-link from a psychiatric hospital where she is detained, the High Court heard yesterday.
In judicial review proceedings, the woman was given permission by the High Court to challenge the failure to provide her with appropriate facilities to enable her to participate in the care proceedings.
The action is against a District Court judge who was due to hear the case, the HSE, the Courts Service and the hospital where she is voluntarily detained. Yesterday at the High Court, Mr Justice Iarfhlaith O’Neill was informed by counsel for the woman, Colman Fitzgerald SC, that provisions have been made to allow his client give her evidence via video link.
The judge imposed strict restrictions on the reporting of the case, prohibiting the publication of any details that might identify the woman.
He said that the matter has been resolved. The judge also made no order as to costs.
The 26-year-old woman, who suffers from depression and is considered a significant risk to herself, is opposing a HSE application to the District Court to have the child placed under a full care order.
The child is currently the subject of a temporary care order and living with foster parents.
The full care order application was due to be heard earlier this year.
However, the woman’s lawyers asked the District Court that video-conferencing facilities be provided so she can give evidence, and hear the case itself, from either her hospital bed or some other court suited to her needs.
A stay was in place on the childcare proceedings until the judicial review matter had been resolved.
Previously, the High Court heard in an affidavit from the woman’s solicitor, Pól Ó Murchú, who said the District Court judge dealing with the case had made every effort to get such a facility without success. The Courts Service had said the only video-link available was within the Four Courts complex and the woman would have to leave her bed to attend that.
The Courts Service had also said it would not be possible to have a video-link between the hospital and the Four Courts unless equipment and appropriate communication lines were installed in the hospital.
Mr Ó Murchú said the woman’s doctor was insistent she should not attend court even with medical personnel in attendance, but the doctor was in favour of participation through video-link and the hospital was prepared to facilitate this.