Woman held on remand as HSE seeks appropriate disability placement, court hears

A vulnerable woman with a history of violent behaviour is being held on remand in prison while the Health Service Executive attempts to find an appropriate disability placement for her, the High Court has heard.

The woman, who is in her 40s and has a moderate intellectual disability, is currently before a local District Court over a number of criminal charges.

She has been remanded to prison on consent since the end of August. A sergeant indicated on behalf of the prosecution that the woman would have nowhere to go if she was released from prison.

The High Court was told on Monday that the District Court judge has ongoing concerns about her welfare. The criminal proceedings were adjourned to facilitate the HSE making an urgent application in the High Court seeking for the woman to be made a ward of the court.

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The woman has also been diagnosed with emotionally unstable personality disorder and has a history of being self-injurious and verbally and physically aggressive, the High Court heard. She was placed in care at a young age and was reportedly a victim of sexual abuse for which the perpetrator served a custodial sentence.

A local HSE disability manager said in a sworn statement that all community options have been exhausted and have not adequately met her needs. The local disability team believes she is no longer able to live independently.

The HSE has approached numerous third-party providers but it is currently unable to offer the woman a suitable high-support residential placement, he said. Two other services are being pursued.

She was previously provided with accommodation by the local authority, but the property became uninhabitable due to an incident that damaged it last year.

There were numerous interactions with gardaí during that tenancy, and the council will not rehouse her due to concerns she is no longer capable of living independently, the disability manager said.

Prior to that, she stayed in other settings, including hostels, but these were not considered appropriate for her needs, even with additional learning disability support, he said.

The woman’s case came before High Court president David Barniville via a wardship application brought due to concerns she lacks the ability to make decisions in her best interests.

The judge noted the HSE has gone to a lot of effort in trying to find suitable accommodation for the woman.

He made orders directing the court’s medical visitor to assess her capacity to manage herself and her property.

The medical visitor’s report will be considered by the court alongside that of a consultant psychiatrist who has found the woman is of unsound mind and unable to manage her affairs.

The psychiatrist believes the woman is “very vulnerable” and presents a significant risk of neglect.