A WOMAN who alleged she was forcibly taken by an “Assisted Admissions Team” employed by Nationwide Healthcare Solutions Ltd to St Ita’s Hospital, Portrane, has won a High Court challenge to the legality of her detention in the hospital two years ago.
Mr Justice Daniel O’Keeffe yesterday granted the woman a declaration her removal to the hospital on April 24th, 2007 was in breach of provisions of the Mental Health Act 2001 as she was not brought there by “staff” of St Ita’s.
He found the clinical director of the hospital acted beyond his powers in arranging for the woman to be physically restrained and removed to the hospital by psychiatric nurses employed by NHS who were not members of staff of St Ita’s. There was no nexus or known contract between the NHS team involved and the hospital, he said. The meaning of a member of staff under the Act was confined to an individual and a corporate entity such as NHS could not be a member of staff.
The engagement of NHS was the engagement of an independent contractual provider in the external catchment area of the hospital, he said. In effect, the hospital was outsourcing this service to a third party. Because of labour relations difficulties, the HSE had engaged NHS on an interim basis to supply qualified and experienced personnel and in effect St Ita’s was outsourcing this service to a third party, the judge noted.
Earlier, the judge noted the application for the woman’s involuntary detention was made by her brother. A recommendation for detention was made by a registered medical practitioner and an Involuntary Admission Order was signed. The woman’s solicitor was appointed by the Mental Health Commission to represent her at a Mental Health Tribunal hearing on May 11th, 2007. The woman had said she was forcibly detained on the evening of April 24th, 2007 having just left a restaurant. She claimed she was “bundled” and “manhandled” into a car and was bruised as a result. She claimed the individuals’ responsible did not identify themselves and it was never explained to her where she was being taken and why.
The hospital had contended its conduct concerning the removal of the woman to St Ita’s was lawful, valid and a proper discharge of its duty. In an affidavit, Anthony Leahy of the HSE’s National Planning Specialist Mental Health body said there had been a number of incidents where staff were seriously injured when assisting in the removal of persons with a mental disorder to hospital for treatment. A working group was set up and, on an interim basis, the HSE had entered into an arrangement with NHS to supply properly qualified personnel to supplement the number of personnel necessary for a particular assisted admission, he said.