K v Clinical Director of Drogheda Department of Psychiatry [2022] IEHC 248

Unlawful detention The patient was discharged by the tribunal but almost immediately re-detained, initially under short-term holding power (under the Southern Irish MHA), when she tried to leave. Her detention was unlawful for two reasons: (a) she did not fall within the definition of a "voluntary patient" (this was because she was not being treated; her desire to leave was irrelevant); (b) the the statutory forms had been incorrectly completed (and the "lamentable state of affairs" was not cured by a subsequent affidavit). The judge directed her release but asked her solicitor to advise her to consider remaining in hospital voluntarily.

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Miscellaneous cases🔍

Date: 12/4/22🔍

Court: Southern Irish High Court🔍

Judge(s):

Parties:

  • K🔍
  • Clinical Director of Drogheda Department of Psychiatry🔍

Citation number(s):

What links here:
  • No pages link to this page

Published: 20/6/22 09:51

Cached: 2022-06-28 06:38:32