Girl ‘very distressed’ at psychiatric care delay, court hears

Teenager due to return from English facility pending availability of suitable placement

An adolescent girl is said to be ‘very distressed’ that her planned return home may not proceed due to a lack of suitable care. Photograph: Alan Betson/ The Irish Times

An adolescent girl with a condition on the autism spectrum is “very distressed” that her planned return home to the State next month from a psychiatric hospital in England may not proceed due to a delay in finding a suitable placement for her, the High Court has heard.

Directing a special hearing of the matter later this month, Ms Justice Bronagh O’Hanlon said the 17-year-old girl “clearly needs a place” and that the matter is urgent.

The girl has been in the English hospital since last November. She was considered suitable for discharge some months ago and was told she would be home by August, but there is now considerable doubt about that, the court heard.

Lawyers for the girl, her mother and guardian told the judge that they are very concerned about the delay on the part of the Child and Family Agency (CFA) in finding or designing a suitable placement for her.

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A psychologist with expertise in autism who carried out an independent assessment of the girl is concerned that she will end up “in crisis” and in adult psychiatric care “where she should not be” due to the delay, counsel for the guardian said.

The psychologist believes the best placement for her is in a unit near Dublin, which may not be available until early next year, it was stated.

A unit in the south of the country was mentioned but it may not be available for some time.

The girl opposed that unit as too far from her family and friends and had threatened to run away if put there, the court heard.

The psychologist believes the southern proposal would not work, while the guardian believes the CFA should arrange a meeting of the professionals involved so that the psychologist could outline why a place in a unit near Dublin is so important for the girl.

State resources

Felix McEnroy SC, for the CFA, said his client’s doctor took a different view based on the perspective of what is available in this State.

Counsel said various reports were being provided to the court and the matter should be adjourned for intensive welfare review.

This was not an ordinary case and counted as a “mental health case”, he said.

Teresa Blake SC, for the girl’s mother, said she has “a very different position” from the CFA and disagreed with the characterisation by Mr McEnroy of the hearing as “a mental health case”.

Counsel said that the hearing is “not a mental health case” and involves an issue of autism spectrum disorder.

The girl would be 18 soon and her mother was very concerned that an appropriate placement be found as soon as possible, counsel said.

The girl’s level of need was “beyond the capacity of ordinary parents”.

Ms Blake said the case was very similar to a recent one before Mr Justice Seamus Noonan, where the CFA initially applied to keep an 18-year-old woman with borderline personality disorder in a psychiatric hospital in England against her wishes.

After dozens of court hearings, the CFA withdrew its application to have that woman kept in the English facility earlier this month.

She returned to Ireland recently but there are similar difficulties and delays in finding an appropriate place for her here.

Having heard the sides, Ms Justice O’Hanlon said the girl clearly needs a place, that the matter is urgent and there would be a special hearing later this month.

In the interim, the relevant professionals could meet and address the issues and consideration might also be given to the girl coming home in the interim with appropriate supports, the judge said.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times