Woman contests legality of hospital detention

A Co Donegal woman who claims that she was wrongly detained in a psychiatric hospital has had 22 previous admissions to psychiatric…

A Co Donegal woman who claims that she was wrongly detained in a psychiatric hospital has had 22 previous admissions to psychiatric hospitals - 21 voluntary and one involuntary - and has suffered from chronic psychiatric illness and schizo-affective disorder for many years, the High Court heard yesterday.

In an affidavit, Ms Carmel Gallagher, consultant psychiatrist with the North-Western Health Board, said that the woman's continuing detention at St Conall's psychiatric hospital, Letterkenny, was lawful and in accordance with the provisions of the Mental Treatment Act, 1945.

The affidavit was read at the opening of an inquiry into the legality of the woman's detention under the Act. She has claimed that she was removed from her home on October 9th last on foot of an illegal detention order signed by her GP, who was a relative through marriage of her estranged husband, and by another man who had no psychiatric qualifications and had not examined her.

When the matter opened before Mr Justice Kelly, the woman was present in court. The inquiry was adjourned to today to allow the woman's lawyers to take instructions in relation to matters raised by the health board.

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In her affidavit, Ms Gallagher said that the woman had a 23year history of chronic psychiatric illness and was first admitted to a psychiatric hospital 20 years ago. The woman tended to make a good recovery after hospitalisation, but had relapses.

Ms Gallagher said that the woman had presented at the psychiatric department of St Conall's on October 9th last. Procedures were put in place for a temporary patient order. She refused voluntary admission and was treated on the basis of medical necessity.

In an affidavit, the woman applicant said she had been admitted to a psychiatric hospital on a voluntary basis for treatment for post-natal depression after the birth of her youngest child. She had been admitted to St Conall's on 15 previous occasions voluntarily.

The woman claimed that her husband and the doctor had blocked the driveway of her home with their cars on the night of October 9th. The gardai had arrived later and she was taken to St Conall's and strapped to a bed and sedated.

Mr Peter Nolan, counsel for the woman, said it would also be contended that the woman's doctor had not examined her in relation to any mental illness on October 9th prior to her admission. After the woman's admission, her husband had moved back into the family home, he added.