34-year-old deaf woman sues HSE over placement in facility for the elderly

A 34-year-old profoundly deaf woman with physical disabilities who has been in a nursing home for the last two years has brought her case to the High Court.

The health and well being of Jennifer Walsh, placed by the HSE in a nursing home in 2017, is deteriorating, the High Court heard today.

An action has been brought by Ms Walsh who is profoundly deaf, has a significant physical disability and uses a wheelchair. She says that despite the best efforts of those working there, the nursing home is inappropriate.

Ms Walsh’s barrister Felix McEnroy SC told the High Court his client is "of full capacity" but has been for many years been wrongly designated as having an intellectual disability.

Counsel said this has harmed Ms Walsh and the HSE does not appear to have a care plan for his client and has placed her in an "utterly unacceptable" environment.

The HSE, counsel added had disregarded independent medical and social work opinion and concerns for her health and had wrongly stated that she had been abandoned by her family.

Counsel said what was needed were solutions to address Ms Walsh’s situation and requirements, but said her lawyers were either being "stonewalled" by the HSE, or offered with offers that were not feasible nor realistic.

Counsel said his client was assessed by the HSE in 2005 and deemed to have a mild intellectual disability. Counsel said the assessment is incorrect.

Counsel said Ms Walsh likes various TV programmes, prefers Coronation Street to Fair City, because it has better storylines, and likes to have a beer when out with her brother.

Since 2005, counsel said the services currently provided to Ms Walsh do not meet her needs and she had been inappropriately placed in environments for the intellectually disabled, which have caused her to deteriorate significantly.

Counsel said a psychiatric assessment by a respected consultant had established that she was not suffering from a mental disorder.

Since 2017, counsel said Ms Walsh has been a resident at a Co Carlow based nursing home, where all the other residents are elderly.

While the home, Riverdale Nursing Home, Ballon, Co Carlow and its staff has done its best for her, it is a highly inappropriate place for her, counsel said.

Counsel said she had been put in the nursing home on a temporary basis, but that was almost two years ago.

Situation akin to 'solitary confinement', counsel claims

At Jennifer has been left isolated from her peers, and her current situation counsel said was like being in "solitary confinement" and she lives her life mainly through "a computer screen," counsel added.

Jennifer can only communicate through Irish Sign Language, which nobody else at the nursing home can understand, and has to use either an IPAD or phone text messages to communicate with others at the home.

A sign language interpreter, who acts as a personal assistant, is only available to her for 20 hours a week, counsel said.

The HSE had proposed moving Jennifer to a house with a person with intellectual difficulties, but she was against this as it was inappropriate.

Counsel said that Jennifer had expressed a desire to be present in court when the full case is heard. The services of an Irish Sign Language translator would be required on that, counsel added.

In her action against the HSE, Jennifer seeks various orders, including an order for damages and declarations.

She seeks orders requiring the HSE to provide a care plan for her, provide her with the services she requires, and that she be comprehensively assessed.

She also seeks an order quashing the decision to place her in the nursing home, which is a designated centre for older persons, and not a centre for persons with disabilities.

She further seeks damages for personal injury suffered as a result of the alleged breach of duty, the reckless infliction of emotional damage, and the breach of her rights under EU law.

HIQA is a notice party to the proceedings. Counsel said his client did not want to bring the action, but had "nowhere else to go" other than the court.

Permission to bring the challenge was granted on an ex parte basis by Mr Justice Seamus Noonan today.

The judge, acknowledging the serious and urgent issues raised in the case fixed the case to return before the court next week.