Human rights commission to appear in ward of court case

Emily Logan

The Supreme Court agreed to allow the Commission to join the case, which will explore the nature and extent of the rights and protections to be afforded to people with mental health disabilities in Ireland.

Representatives of the disabled woman, AC, are asking the court to consider whether the existing High Court order to make her a ward of court is valid, and whether her detention is lawful.

The Supreme Court granted permission for appeal because it involves the question of the interaction of historic legislation grounding the wardship jurisdiction of the High Court, with modern mental health legislation.

The case is likely to explore the nature and extent of the rights and protections to be afforded to people with mental health disabilities in Ireland. Its outcome will have an impact on voluntary patients in nursing home and hospital settings.

The Commission said it will contribute its expertise from L v Clinical Director of Saint Patrick’s Hospital and Ors, which clarified the rights of voluntary patients in approved centres, and AB v Clinical Director of Saint Loman’s and Ors, which found s.15(3) of the Mental Health Act 2001 to be unconstitutional.

Chief commissioner Emily Logan said: “Through recent work in the Court of Appeal, the Irish Human Rights and Equality Commission has played a significant role in clarifying the rights of people being detained voluntarily or involuntarily under Irish law.

“This case before the Supreme Court considers the situation of vulnerable people who are wards of court and is likely to have significant implications for people whose ability to make decisions regarding their significant life choice, including their care is in dispute.”