Judge orders arrest of ‘extraordinarily vulnerable’ woman

A High Court judge has ordered the arrest of an "extraordinarily vulnerable" woman so she can undergo urgent detoxification and other treatment amid fears, unless that is done, she is likely to be "dead in days".

The court heard as a result of her excessive drinking, suicidal ideation and risky behaviour, the life and health of the woman, aged in her 40s and a ward of court, were at risk.

The matter is "very grave" and the concerns include, due to her drinking a litre of vodka daily, and behaviour including leaving many candles lit, she could either choke or be burned to death, solicitor Maria Dillon, representing the HSE Community Services, told the president of the High Court, Mr Justice Peter Kelly.

The judge, who manages the wards of court list, said this was a “tragic situation” involving a ward of court whose funds have run out after being expended over years in an unsuccessful effort to address her conditions.

The woman is at risk from excessive drinking with suicidal ideation fuelled by alcohol and affecting her health and personal care. This reflected a pattern throughout her life and, the evidence was, unless the court intervened, she will be “dead in days”.

He would reluctantly make orders for the woman’s arrest for the purpose of receiving detoxification and other appropriate treatment, including psychiatric treatment, in a general hospital.

Noting the evidence was detoxification would take 48 hours and requires her co-operation, he said, while he could order that, the difficulty was “how to enforce it”. That did not relieve him of the obligation to take all appropriate steps to try to ensure a fatality does not occur.

Damages

The woman was made a ward of court after receiving a substantial sum of damages in proceedings brought over an unnecessary medical procedure carried out on her when aged in her early 20s.

Earlier, the judge was told no element of the care plan prepared by the HSE for her is working. Ms Dillon said the woman was recently found unable to stand as a result of excessive drinking, with the front door of her accommodation wide open and candles lit all over the place, with an associated risk of fire.

The woman is “extraordinarily vulnerable” and has expressed a wish to die, she said.

Patricia Hickey, general solicitor for wards of court, said the woman needs long-term residential care in a secure setting or there would be “dire consequences”. She accepted the woman first requires to undergo detoxification as no place would take her without that.

Ms Dillon said the woman’s condition appeared to have deteriorated more recently as a result of the possibility she may be discharged as a ward of court. The woman felt wardship was “the only time people took a keen interest” in her welfare.

The necessary assessment of her capacity to make decisions cannot occur while she continues to drink excessively, she said.

Mr Justice Kelly said his concern is “life preservation” and there was “not the slightest chance” the woman would be discharged from wardship in the circumstances. While a person of sound mind can drink themselves to death, he could not permit that to happen to a ward of court, he stressed.