The parents of a young man who has cerebral palsy have challenged High Court orders directing him to be assessed by a doctor, with the assistance of the Garda if necessary, to start a process of having him declared an "idiot, lunatic or person of unsound mind" so as to have him made a ward of court.
The parents of Mr Francis Dolan (21), Ballydowd, Lucan, Co Dublin, who in 2001 secured some £3 million (€3.8 million) in settlement of proceedings alleging negligence in the circumstances of his birth, object to their son having to be assessed as an "idiot, lunatic or person of unsound mind" under the Lunacy Regulation (Ireland) Act 1871 in order for the court to afford protection for his award, Mr Justice Kelly was told.
The judge heard that the High Court had directed that Mr Dolan be assessed by a medical examiner and had also ordered that gardaí, if necessary, accompany the examiner. On Wednesday last, a medical examiner with three gardaí had attended at Mr Dolan's home. An assessment was initiated but the examiner had indicated he wished to return to complete it. The Dolans objected to this entire process, Mr Vincent Salafia SC, said.
Mr Salafia said Mrs Dolan has "dug her heels in" and had said her son had been damaged once at birth and she would not have his being labelled a lunatic or of unsound mind as a condition of getting protection for him.
In High Court proceedings in 2001, Mr Francis Dolan had sued Mount Carmel Hospital and two consultants: Dr Margaret Kennedy, a specialist in obstetrics and gynaecology and Dr Brian Denham, a paediatrician, arising out of the circumstances of his birth.
The High Court approved a settlement, without admission of liability, of £3 million in the case. In the proceedings, it was stated that Mr Dolan had cerebral palsy and the mental age of a 4½-year-old child. He was born following a Caesarian operation on April 26th, 1982. It was claimed he should have been admitted to a special obstetrics hospital for careful and consistent monitoring.
Mrs Dolan told the court they brought her son for treatment to the Peto Institute in Hungary over a three-year period which the family themselves financed. She also gave him physiotherapy for about two hours each day. He was confined to a wheelchair as he had no balance.
Mr Dolan thought himself normal. He wanted to be either a garda, a politician or a lawyer and believed he was going to walk away from the wheelchair some day, she said. Yesterday, Mr Salafia said the £3 million award had set in train the process under the 1871 Act. The money had been paid into court and was under the control of the State. The parents had an impeccable history and no single incident had occurred to justify the removal of the rights of their son and of the family. The parents had offered to enter into a trust and to have the money secured in a prudent way.
If Mr Dolan was declared as of unsound mind, he was excluded from the protections of the European Convention on Human Rights and could not travel, counsel added. His rights would be vested in committees. Mr Salafia told Mr Justice Kelly he was seeking, pending the outcome of the Dolans' challenge to the provisions of the Lunacy Act 1871, that the medical examination of Mr Dolan be stopped.
The Dolans' proceedings are against the Registrar of Wards of Court, Ireland, and the Attorney General.
Mr Justice Kelly said the registrar was entitled to be heard on the matter. He would adjourn the matter to Thursday.
