An extremely disturbed 17-year-old girl, described as "extremely high risk", was returned to the Central Mental Hospital yesterday pending the outcome of a High Court review of her detention there.
The girl, who is neither mentally nor psychiatrically ill but suffers from a combination of personality disorders, was in court for the review hearing, which opened yesterday, and gave evidence in camera.
She has been at the CMH for more than two weeks although all parties involved in her case agree it is not an appropriate place for her. The court has heard what she needs is a secure child-based therapeutic unit but no such facility exists in the State.
The girl had been in a residential high-support unit for several years and had periods of doing well there but her behaviour had deteriorated in recent months. She was alleged to have assaulted care staff at the unit and the court was told the other children there had had to be evacuated on one occasion, such was the risk she presented.
She was placed for several days in the acute psychiatric unit of a general hospital but while there bought razors from the hospital shop and cut her arms and throat and also threatened others there. A consultant psychiatrist at the unit said it was totally inappropriate and possibly illegal to keep the girl there.
It was in those circumstances that the Eastern Regional Health Authority (ERHA) brought the matter before Mr Justice Kelly on March 10th last but the authority did not advance any proposal as to where she should be sent.
Ms Mary Ellen Ring, for the girl, said the kind of placement she required was not available in the State, although the State had been aware since 1995 of its duty to provide for such children. The judge remarked that the State and the authority were once again leaving it up to him.
He said he proposed, with reluctance and a heavy heart, to send the girl to the CMH in the absence of an appropriate alternative and the State supported that proposal.
Earlier this week, the girl wrote to Mr Justice Kelly stating she was "doing OK" at the hospital but was not mad and just wanted somebody to be consistently there for her. In light of that letter, which the judge said was lucid and cogent and demonstrated some insight by the girl into her problems, he said he would review the matter yesterday.
The review hearing opened at 2 p.m. and continued until 5.30 p.m., when the judge said it was no longer feasible to continue. He will resume the hearing on Tuesday.
The girl gave evidence, in camera, before the judge setting out her views on what should happen to her. Dr Charles Smith, clinical director of the CMH, and Dr Helen O'Neill, a consultant psychiatrist at the hospital, also gave evidence in camera.
After the evidence, the judge said submissions had yet to be made by all the parties to the action and he had to rule on the matter. He adjourned the case to Tuesday. The order directing the girl's detention in the CMH continues until then.
Earlier, at the outset of the hearing, the judge queried whether he had jurisdiction to review the case in light of the fact that lawyers for the girl had served notice that they were appealing his order (sending her to the CMH) to the Supreme Court. He said this meant the matter was now in the jurisdiction of the Supreme Court.
Counsel for the ERHA and the State urged the judge to hear the matter. Mr Felix McEnroy, for the ERHA, said there had been no application for a stay on the order sending the girl to the CMH. He said the court should deal with the matter now in light of its inherent jurisdiction to defend and vindicate the constitutional rights of children.
