The president of the High Court has described as “a tragedy” the situation of a troubled young woman who sustained life-changing injuries when she fell from a height at a residential care unit.
The woman, now aged in her early 20s, was taken into care aged 12 after concerns were expressed about a dysfunctional home situation.
She was made a ward of court two years ago, before she turned 18, due to concerns which included her continuing assaultive and troubled behaviour, and drug use. Supported by the HSE, the woman argued that she had capacity and thus did not meet the threshold for wardship, but the High Court agreed with the Child and Family Agency that she lacked capacity to make decisions about her personal welfare and finances.
The general solicitor for wards of court was appointed as the committee to represent her interests in wardship. The young woman had made some progress during her time at the unit but had also engaged in assaultive behaviour, absconded a number of times and obtained drugs.
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During a recent abscondment, she obtained money and drugs. After her return to the unit, she got onto a height and fell. She suffered life-changing injuries, for which she continues to be treated in hospital.
When her case was mentioned on Monday before Mr Justice David Barniville, who last week succeeded Ms Justice Mary Irvine as High Court president, he said it was “hard to express the tragedy that has occurred”.
Mr Justice Barniville said Judge Irvine, who had dealt with the woman’s wardship case a number of times prior to her retirement last week, was extremely upset about what had happened.
Aisling Mulligan BL, for the Child and Family Agency, said she wanted a short adjournment because no medical report was before the court despite “very strenuous” efforts by the ward’s aftercare team and Catherine Ghent, an independent solicitor appointed by her committee.
The ward has been assessed by the National Rehabilitation Hospital, which appears to have a waiting list of up to 10 weeks, but further clarity on that is required, Ms Mulligan added.
Natalie McDonnell BL, for the wardship committee, said material before the court set out the ward’s own views. While the ward has said she “will never take drugs again”, Ms Ghent is “highly sceptical” about that and may suggest that the court consider whether orders should be made to restrict the access of certain persons to her, counsel said.
Ms Ghent also wants a multi-disciplinary team to meet to consider steps to protect the ward’s welfare in the context of her current circumstances, counsel said. A medical report concerning the ward’s current condition and her prognosis and treatment pathway is awaited, counsel added.
Ms McDonnell asked that the matter be put back to allow for the reports and meeting.
Patricia Hill BL, for the HSE, said the ward was recently moved to another hospital where she is under the care of an orthopaedic surgeon. Ms Hill said she could not say what orders will be sought by the HSE until it has seen reports, including a medical report.
Mr Justice Barniville adjourned the case to next week.
