‘Extremely vulnerable’ woman can be taken from family home for assessment, judge says

The High Court has granted orders permitting the removal of an “extremely vulnerable” woman from her family home for medical and psychiatric assessments amid serious concerns for her safety and welfare.

It is believed that the woman, aged in her 20s, may have an intellectual disability but has never received a diagnosis.

Patricia Hill BL, for the Health Service Executive (HSE), the applicant, said concerns were raised recently in relation to trauma in the family home. This led to the recent removal of two children from the house on foot of court orders obtained by Tusla, the child and family agency.

Ms Hill asked for various orders that would enable doctors to medically and psychiatrically assess the woman, including to see if she has an intellectual disability. The woman’s mother was recently admitted to hospital, with assistance from gardaí, the court heard.

In a sworn statement, a principal social worker said she has “serious concerns for the safety and welfare” of the young woman left at the family home. Currently, the woman lives in the house with her father and brother, and she reportedly left school at a young age.

Neglected state

She said her colleague who removed the children noticed that the woman was in a distressed and very neglected state with her hair matted. She said she believes the woman is “extremely vulnerable”.

A Garda chief superintendent advised social workers only to attend the house when accompanied by four gardaí. The social worker said she attempted such a visit recently, but was refused entry by someone believed to be the woman’s brother. She said he became “very aggressive” and seemed distressed when speaking about gardaí­having removed the children.

The social worker said she followed up with the woman’s family doctors, neither of whom had seen her physically. The woman switched GPs a decade ago. This doctor has only managed to speak to the woman over the phone and said she could hear the father “prompting” the woman with answers.

The social worker said the GP was extremely concerned for the young woman’s mother and, given the reported serious issues and level of control in the home, she would also be very concerned for the young woman.

During a period in hospital some years ago, it was noted that the young woman had an intellectual disability, she said. The social worker understands that while she was in hospital the young woman was never left alone and was always accompanied by her mother or father.

Forcible removal

Ms Justice Niamh Hyland expressed concern that the woman’s forcible removal from her home would “undoubtedly be very traumatic” for her as she seems to have lived an “extremely isolated” life. However, having considered other less “draconian” ways of achieving the aims, she came to the conclusion that the orders sought entailed the “least restrictive” methods.

Ms Justice Hyland made various orders on an ex-parte basis (only the HSE was represented), including one allowing gardaí­ to assist with the removal of the woman from her home and her transfer to hospital. It was stipulated that they may use minimal force and restraint as is necessary to carry out the transfer.

The orders also permit the hospital to carry out medical and psychiatric checks and to prevent the woman from leaving.

The judge appointed a guardian ad litem to protect the woman’s interests and adjourned the matter to next week.