Ed Madden, BL, appears to be like at a current Excessive Courtroom case during which the Courtroom handled the implications of a breach of courtroom orders by a hospital
In December 2024, the Excessive Courtroom delivered its judgment on an software by the Mater Hospital in Dublin (‘the Mater’) for orders pursuant to the inherent jurisdiction of the Courtroom to guard a younger lady (‘the Affected person’) who suffered from a severe consuming dysfunction and was a affected person on the hospital. Her BMI was falling dramatically, and she or he was very near loss of life.
Having thought-about an affidavit from considered one of her treating clinicians, Dr C, Mr Justice Nolan ordered that the Affected person ‘proceed to be detained on the Mater and that sure docs be her accountable clinicians’.
Orders have been additionally made prohibiting the publication or broadcast of any matter regarding the proceedings that ‘might establish the younger lady as an individual with a medical situation’. A guardian advert litem was appointed by the Courtroom to behave on her behalf.
It later transpired that in breach of the Courtroom order, the Affected person was transferred to a different hospital. This got here to gentle when her guardian advert litem, who always acted extraordinarily professionally, attended the Mater to satisfy her and realized for the primary time that she had been discharged the day before today. It fell to the solicitor for the Mater to come back to Courtroom to clarify what had occurred.
The solicitor, whom the decide described as some of the skilled and diligent to seem within the inherent jurisdiction record, was very distressed at what had occurred. It was clear that ‘no person within the hospital’ had been listening to her concerning the significance of abiding by the Courtroom orders till the matter got here again earlier than the Courtroom on foot of a supplemental affidavit from Dr C and the Courtroom having heard from the guardian advert litem.
On foot of a course from the decide, Dr C got here to Courtroom to clarify in particular person what had occurred. He mentioned that he was on depart for per week, however that previous to his departure he had spoken to a guide in one other hospital the place the Affected person had been beforehand ‘to see in the event that they have been completely happy to renew care’. It might seem that in his depart, one other physician, Dr B, who had some involvement in her care contacted a member of Dr C’s group to say that she was medically secure, and now not wanted admission from a medical perspective.
Neither Dr B, nor Dr C’s group nor anyone in administration appeared to pay attention to the existence of the courtroom orders. That being the case, the Affected person was transferred to the opposite hospital. The decide remarked that the entire system relied on one man ‘and when he took a break, it fell aside’, a state of affairs that he described as ‘disgraceful’.
Dr C outlined the steps that will be taken in future to make sure that what had occurred wouldn’t happen once more. The decide mentioned it was ‘surprising’ that it had taken the current case for the hospital to place in place easy, primary procedures. After all Dr C ought to have notified his colleagues of the state of affairs. Nevertheless, to put the preponderance of blame on him can be a mistake. Before everything this was a basic techniques breakdown, the duty of which rested with the administration of the hospital.
What had occurred was not with out penalties. The impact of the ‘unlawful motion’ of the Affected person from the Mater to the opposite hospital had been detrimental to her. She was not made conscious of what was taking place till the day earlier than she was because of be moved. She had misplaced belief; she had grow to be nervous; and crucially her BMI had been affected. She deserved higher.
On account of this episode, the Chief Government Officer of the Mater had come to Courtroom and given a private enterprise to make sure that this may by no means occur once more. A private enterprise is exactly that; it’s an enterprise by her that no breach of a courtroom order will ever happen once more in relation to someone who comes beneath the inherent jurisdiction of the Courtroom. The decide then outlined the potential penalties of breach of a private enterprise, together with an software for attachment and committal of the Chief Government Officer to clarify why she is in contempt of courtroom and/or an software for the sequestration of the hospital’s belongings.
The decide careworn that hospital purposes of this nature aren’t a ‘field ticking’ train; nor are they alternatives to unlock a mattress; they’re very severe constitutional purposes to deprive an individual of their liberty for the particular function of vindicating their constitutional proper to bodily integrity, in circumstances the place they themselves lack the capability to make such choices for themselves. The aim of the Courtroom’s judgment was to not punish the Mater, however to make sure that all different candidates in a majority of these proceedings perceive their significance, and have in place applicable techniques in order that that courtroom orders are obeyed.
Having accepted the enterprise given by the CEO on her personal behalf and on behalf of the Mater, the Courtroom continued the unique orders. 
Reference: [2024] IEHC 698
