Ireland Case No. 22533Mental health treatment (HSE continuing duty) · Co. Dublin · 2 Feb 2023
High Court declares HSE has continuing duty to provide mental health treatment to former prisoner
The High Court granted a declaration that the HSE has a continuing duty to provide mental health treatment to a former prisoner released in 2019 after serving six years for a knife attack on Grafton Street, Dublin, whose local community mental health service deemed him too violent to treat. Mr Justice Charles Meenan found the refusal was reasonable and proportionate but the ad hoc nature of the treatment arrangements entitled the man to a declaration of continuing care.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court2 Feb
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports16 statements extracted from the articles
- whereThe original knife attack took place on Grafton Street, Dublin. (irishtimes.com)
- whenThe man was released from prison in 2019 after serving six years. (irishtimes.com)
- courtThe High Court granted a declaration that the HSE has a continuing duty to provide mental health treatment to the man. (irishtimes.com)
- courtMr Justice Charles Meenan found the man did not establish a basis for challenging the community health service's refusal to treat him. (irishtimes.com)
- courtThe man brought a High Court challenge against the HSE claiming no legal basis for refusing community care, discrimination, and breach of constitutional rights. (irishtimes.com)
- courtMr Justice Meenan found no breach of any constitutional rights and that the community mental health service's decision was reasonable and proportionate. (irishtimes.com)
- courtThe judge found the man was not discriminated against. (irishtimes.com)
- otherThe man has a history of violent offending and psychotic illness. (irishtimes.com)
- otherThe man was diagnosed with schizophrenia while in prison. (irishtimes.com)
- otherHis prison treatment included injections of slow-release medication. (irishtimes.com)
- otherFollowing his release, he committed a number of other offences including attempted robbery in Dublin city centre for which he is awaiting trial. (irishtimes.com)
- otherThe doctor in charge of the community mental health service considered him too high-risk to offer treatment within the service. (irishtimes.com)
- otherThe doctor was not prepared to subject staff and other service users to the risk of violence. (irishtimes.com)
- otherJust before the hearing, the HSE offered him an appointment at the National Forensic Mental Health Service in Portrane. (irishtimes.com)
- otherThe Portrane arrangement included security measures such as a metal detector scan and a forensic service team to escort him for his depot injection. (irishtimes.com)
- otherThe judge noted the case would not have been necessary if Ireland had legislation similar to England and Wales for community care orders. (irishtimes.com)
The reporting
newest first- 2 Feb2023Man considered too violent for community treatment entitled to continuing care, court declares
High Court ruling granting a declaration of continuing HSE duty to provide mental health treatment to a former prisoner considered too violent for community treatment; also found no breach of constitutional rights or discrimination.
victim, male