An urgent inquiry into the mental capacity of an extremely vulnerable young woman has been ordered by the High Court due to “profound” concern that she is unable to keep herself safe.
The woman, aged in her early 20s, has a family history of mental health concerns and domestic violence.
When aged four, she and some of her siblings were placed in foster care by her mother and she remained with a foster family until she was returned to her mother’s care aged 10. She also lived with her father, who is separated from her mother, for a period.
Concerns were raised during her teenage years about her mental health, drinking, taking drugs, having sex with older men and going missing for periods.
Following an incident some months ago where she was rescued from a river, she was admitted to a hospital in-patient psychiatric unit as an involuntary patient. She remains there on a voluntary basis but there are concerns for her safety on her discharge, including about a plan to discharge her to homeless services and about whether she will continue to take medication.
She has been described as manifestly vulnerable and depressed with significantly deteriorating personal hygiene. Due to concerns about her capacity to give instructions, she was previously given the services of a court appointed guardian for childcare proceedings related to her youngest child. The guardian’s services were due to end when the childcare proceedings ended on Friday.
Capacity
In those circumstances, Brian Barrington BL, instructed by solicitor Pól Ó Murchú, for the guardian, applied to the president of the High Court, Mr Justice Peter Kelly, for an order directing an assessment of the woman’s capacity with a view to deciding whether she should be made a ward of court.
Counsel said the woman had a very traumatic upbringing and has never fully spoken about the full nature of the trauma. She has been diagnosed with schizophrenia, depression and disocciative disorder and her treating psychiatrist last February expressed the opinion that she has no capacity to keep herself safe.
She has been engaging in inappropriate sexualised behaviour in public places in the hospital and there is “profound concern” for her if she is discharged into normal homeless services in the community, counsel said.
The youngest child is in the care of Tusla, the Child and Family Agency, and there does not appear to be any father involved with that child, he said. The older child is in the care of the young woman’s mother and counsel was unaware whether there was any paternal involvement concerning that child.
Mr Justice Kelly said he would direct an inquiry into the woman’s capacity and would also appoint the guardian to represent her interests in that regard.
