Sex risk patient of ‘unsound mind’ to be transferred

AN Irish man with an intellectual disability and a risk due to his sexualised behaviour will have to be transferred from a British hospital back to Ireland.

The High Court heard yesterday that the “very unusual case” involves an adult of “unsound mind” who is currently in a British hospital.

Senior Counsel Felix McEnroy told the High Court that the case was “new territory” and “most unusual”.

He said he had mentioned the issue of the wardship of the man to the President of the High Court. The man in question is an adult with an intellectual disability “who is a very, very significant risk due to sexualised behaviour”.

The President of the High Court said the case should be sent for direction in the courts, as the man needs to be transferred back to Ireland.

An application is likely to be made in the near future to facilitate his transfer to the Central Mental Hospital in Dundrum, with Mr Justice George Birmingham stating the matter could be raised before him at any time.

The court also heard yesterday that there could be a growing number of Irish children in care facilities being sent to Scotland.

SC for the Health Service Executive, Felix McEnroy, said the HSE was putting in train a process to transfer a girl, who is the subject of a care order, to Scotland, but that there had been a delay.

Discussions are continuing with the Attorney General in Scotland over the issue of the transfers as there is no central authority there dealing with these cases.

“It now looks like there is going to be a stream of these cases going from Ireland to Scotland,” Mr McEnroy said.

Gerard Durcan SC, for the child’s Guardian Ad Litem, said the longer the delay in transferring the girl to Scotland, the more difficult it would be.

He said the girl was keen to meet Mr Justice Birmingham to discuss the transfer, and the judge said matters “needed to be brought to a head”.

The court had already heard of a case in which an Irish boy, currently at a facility in Scotland, returned home for a funeral and went missing. When he was found he was returned to Scotland, where he remains.