Inquiry into hospital detention dropped

An inquiry into the legality of the involuntary detention of a woman at a psychiatric hospital did not proceed at the High Court…

An inquiry into the legality of the involuntary detention of a woman at a psychiatric hospital did not proceed at the High Court yesterday after matters were settled between the parties.

As part of the settlement, the woman is to remain at the hospital but in a voluntary rather than involuntary capacity from yesterday. She has also agreed to take medication orally and inter-muscularly as prescribed by a named doctor.

The woman, aged in her 40s, had claimed she was involuntarily committed to a psychiatric hospital while in Scotland and then escorted by that hospital's staff to Ireland last February where she was again involuntarily detained in another psychiatric hospital.

Earlier this month Mr Justice Geoghegan granted an application by Mr Anthony Sammon SC, for the woman, a qualified but non-practising solicitor, for an Article 40 inquiry into her detention.

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The inquiry was due to proceed yesterday but after talks between the sides, the judge was informed by Mr Peter Finlay, for the medical director of the hospital, that the matter had been settled.

Counsel said the woman was withdrawing her request for an Article 40 inquiry without prejudice to the lawfulness of her detention up to yesterday. He said the woman was remaining at the hospital but by her own wish.

Mr Sammon said the woman and the defendant had had a meeting of minds and an inquiry into the lawfulness of her detention would be superfluous as her status as an involuntary patient was about to alter.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times