Woman seeks order for release from psychiatric hospital

A woman who claims she received no treatment for a psychiatric condition over 44 days in a psychiatric hospital after she refused prescribed treatment has sought a High Court order for her release.

The case, described by Mr Justice Gerard Hogan as “unusual”, raises issues under the Mental Health Act including how a person who is a voluntary patient may have their status altered to involuntary. The judge will rule on the matter today.

A central issue concerns whether there is a power to detain a person admitted as a voluntary patient who refuses treatment but also refuses to leave. While the Mental Health Act provides such a power where a person tries to escape, the judge was told the sides dispute whether it caters for involuntary detention of a patient who refuses to leave unless she is transferred to another hospital.