State preference is to deprive people with care needs ‘of their liberty’

The State’s current preference is to deprive people of their liberty by relying on the “broken ward of court system” rather than providing supports for them to stay in their own home, Inclusion Ireland has said.

The organisation, also known as the National Association for People with an Intellectual Disability, was commenting after a man in his mid-60s, who suffers with severe epilepsy and organic brain disease, lost his High Court bid to be discharged from a nursing home.

In a ruling on Tuesday High Court President, Mr Justice Peter Kelly said he would make him a ward of court.

Inclusion Ireland said there were almost 3,000 people in wardship across the State.

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Paddy Connolly, CEO of the advocacy group said even in a case where a person’s ability to make some decisions were in question, they should have the right to remain at home with supports.

“The continued use of often abusive institutions or congregated settings, where around 2,500 people live without having given their consent, is another example of the State’s preference for institutionalisation rather than investing in homecare and community supports,” he said.

“The failure to support people at home, close to their family and community, displays the Government’s indifference towards the liberty of disabled people. This recent wardship case showcases a broken system that denies thousands of citizens their liberty.”

Mary Condell, legal adviser with Sage, said at no stage was a “safe discharge plan” drawn up for their client.

She said the advocacy group had several cases of elderly people needing moderate homecare packages such as an hour or two of services per day but instead “are being put into congregated settings”.

In a reserved judgment, Mr Justice Kelly said that during a two hour hearing in the nursing home, and in a number of hearings prior to that, the court had heard what he described as “a clash of medical evidence” regarding the man’s capacity to look after himself.

Mr Justice Kelly said that because of this, while taking the man into wardship, the court would be open to new medical and psychiatric assessments being made in six or twelve months time to review its decision.

The court appointed the general solicitor for minors and wards to act as the man’s committee which will be responsible for following court approved guidelines with regard to the man’s treatment and financial affairs.

He will, pending further court order, remain resident in the nursing home where Mr Justice Kelly heard his arguments for being released to his home where he lived alone. The matter was put on the High Court wardship list for October 15th.