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 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.


Full judgment: BAILII


  • Miscellaneous cases🔍

Date: 12/4/22🔍

Court: Southern Irish High Court🔍



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

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Published: 20/6/22 09:51

Cached: 2024-03-03 13:23:03