An unprecedented order sending an extremely disturbed girl, who is not mentally ill but considered "a very serious risk" to herself and others to the Central Mental Hospital, is to be appealed to the Supreme Court.
Ms Mary Ellen Ring, for the 17-year-old girl, told the five-judge court yesterday the matter was very urgent and she was seeking an early hearing. Mrs Justice Denham, presiding, said counsel could apply for a hearing date when all the books and papers in the case were lodged.
On March 10th in the High Court, Mr Justice Kelly directed the girl be detained at the CMH. He said he made the order "with reluctance and a heavy heart" because the CMH was not an appropriate place for a child who was not mentally ill.
But, the judge asked: "Where else can I send her?" Because of the State's failure, there was no appropriate facility and no legislative framework to deal with such a situation. It was left to him to do the best he could in circumstances where the executive and legislature had "signally failed".
The judge had been told the girl had been detained for more than a week previously in the acute psychiatric unit of a general hospital although a consultant psychiatrist there said the detention was totally inappropriate and possibly illegal.
The child suffers from a borderline and anti-social personality disorder which was pervasive and long-standing, had demonstrated aggressive and very violent behaviour, had cut herself with razors, threatened to kill others and had had to be sedated for her own safety and that of others.
Last Friday, the same judge was asked by a health board to send a 14-year-old girl, who is also very disturbed, to an acute psychiatric unit of a general hospital because there was no appropriate facility available. The girl recently suffered cardiac arrest after taking 20 ecstasy tablets and alcohol. The judge made the order sought.