Son recorded threatening his elderly mother in care home

By Aodhan Ó Faolain and Ray Managh

A man was secretly recorded in a nursing home threatening and verbally abusing his mother, the High Court has heard.

The HSE was yesterday told by the High Court that it can keep the elderly woman, who has a number of medical conditions, including dementia, at a nursing home.

The woman, who cannot be identified, because she is a ward of court, was placed at the home having been released from a hospital. She had been taken by gardaí to the hospital, after they had removed her from her home, following concerns for her welfare.

She had been made a ward of court, following complaints about the manner in which she had been treated by her adult son. He had attempted to interfere with her care and treatment and had attempted to remove her from the hospital.

Mr Justice Charles Meenan was told, by lawyers for the HSE and the Solicitor General, who acts in the interests of the ward, that they believed the nursing home was the best place for her. The HSE claimed that the woman needs constant care and assistance and should not be returned home. A more suitable, permanent placement for the woman is being sought.

The court heard that certain members of the woman’s family supported the HSE’s application and Judge Meenan said he was satisfied with the medical evidence to continue court orders, allowing the HSE to keep the woman at the nursing home.

Judge Meenan said he was also amending the order to allow visits by the husband to the woman in the presence of certain other family members and care providers.

There were no objections to the application.

The woman’s son, who objected to her being made a ward of court, was not present in court for the application.

Last month, the woman was made a ward of court by High Court president, Mr Justice Peter Kelly, after he was told that the woman’s son had previously been secretly recorded by a family member, at the nursing home, threatening and verbally abusing his mother.

Mr Justice Kelly took the woman into the court’s protection, following a report from a court-appointed medical professional, which stated that she lacked the capacity to make decisions affecting her health and welfare.

The judge noted evidence of the son describing his mother as “a mad bitch”.

In separate, but related, proceedings, lawyers acting for the son have claimed the woman’s detention at the nursing home is invalid, and that she should be released.

An inquiry into the woman’s detention, brought under Article 40 of the Constitution, was heard by the High Court last week. Both the HSE and the Solicitor General reject the son’s claim and say the woman is validly detained.