HSE allowed to detain intellectually disabled man after sex assault allegations

The Health Services Executive (HSE) has been permitted with High Court approval to detain a young man in a supervised facility following accusations that the intellectually disabled person had sexually assaulted other vulnerable adults.

The court heard that the man, in his 20s, who cannot be identified for legal reasons, had been living in a non-secure facility with other vulnerable adults who also suffer from various intellectual disabilities.

Mr Justice Donald Binchy heard that the man had been removed last week from that location after complaints of assault and sexual assault were made against him by other adults in care.

Barrister Paul Brady, who appeared for the HSE, said the man had a history of having been sexually assaulted and had sexually assaulted others. He had received treatment in regards to the sexual abuse at a supervised placement for some years.

Mr Brady said the in-care patient had been relocated to a non-secure facility where he mixed with other vulnerable adults as he had then been deemed as being a low-to-moderate risk to others. He had been resident at the non-secure facility for over a year.

Judge Binchy was told that in recent weeks complaints were made about the man’s behaviour and when inquiries had been undertaken he had made certain admissions which were being further investigated.

Mr Brady said the HSE had acted quickly to deal with the situation and added that the man does not seem to understand how serious the allegations are.

The HSE had secured orders from another judge in the High Court late last week allowing it to move the man to another facility where he would be under 24-hour supervision and could get the treatment he needs pending an application to make him a ward of court.

Counsel said that the orders previously granted by the High Court were due to expire and it was also proposed that the man be transferred to another supervised facility while a more suitable long-term placement is located.

Counsel said the man cannot return to where he had been living as the people running the facility where the assaults are alleged to have occurred did not want him back.

Judge Binchy also heard from the man’s court-appointed guardian that he had been upset over having been moved from where he had been living and would like to return there. He said he was satisfied to grant orders allowing the HSE to keep the man in the secure facility, and to transfer him to a new location.

Judge Binchy also extended orders allowing the gardaí to detain and return the man to the facility should he abscond. The case will return before the court next month.