A brain injured woman sent to a specialist UK unit last February for a three month assessment of her needs with a view to placing her in care in the State is still in the UK with no certainty about when a suitable place will be found, the High Court has heard.
The woman, a ward of court in her late 40s, does not want to be in the UK unit and her also anxious she returns here so they can visit her more regularly, the court heard.
The president of the High Court, Mr Justice Peter Kelly, directed the HSE to speed up its “self-imposed” objective of identifying a suitable place in Ireland for the woman, who has an acquired brain injury and developmental disorders.
In the interim, it is in the woman’s best interests to remain in the UK unit where she has made some progress, he said.
For reasons including uncertainty about what Brexit means for wards of court placed in the UK, the judge said he would review the matter in February and would view “very unsympathetically” any application then to extend the UK detention further.
Distressed
He had a “clear recollection” about how distressed the woman’s mother, aged in her 70s, was when he granted the HSE’s application last February to send the woman to the UK unit for assessment.
That process was expected to take about three months but has taken longer for reasons including a lack of co-operation by the woman, he said.
The judge was told that from the time a suitable healthcare provider was identified to provide the necessary placement in Ireland, it could take another six to eight months to put that in place.
The family were unhappy about this and also had concerns related to her welfare and safety in the UK unit which had recorded a number of assaults by other patients against her and her own involvement in assaults.
The general solicitor for wards of court, who visited the woman recently, reported her condition has improved but her clear wish was to be back home.
However, the general solicitor considered a return in the absence of an appropriate place being available now was not in the woman’s best interests.
Cannot return
Peter Finlay SC, for the HSE, said that when the woman says she wants to come home, she means her family home but, given her serious disabilities, she cannot return there in the forseeable future.
Ciarán Craven, for the family, said they had several concerns, including about her personal hygiene and safety, but were not seeking orders for her immediate transfer to Ireland without a suitable placement being available.
He asked the court to consider permitting the bringing of proceedings on behalf of the woman aimed at securing orders directing the HSE to provide an appropriate place here.
The judge was not convinced as of now such proceedings are necessary for reasons including he would be reviewing this matter again in February.
He was also concerned she had come under the care of three different psychiatrists during nine months in the UK unit when consistency of psychiatric care was important.
It seemed to him all the components identified as necessary to meet the woman’s needs are provided by existing services here but there may have to be some adjustments, he added.
