High Court places woman with dementia who accidentally set fire to own house in nursing home

The court heard that the woman, who is aged in her 70s, had recently accidentally set fire to her garden shed while having a smoke. File picture.

The HSE has secured an order from the High Court allowing it to place a woman with severe dementia who had accidentally set her house on fire, into a nursing home.

Her home was badly damaged to the degree that the woman, who cannot be identified for legal reasons, and her husband had to leave the property.

They were provided with alternative accommodation.

However the HSE became very concerned about the woman's welfare after she and her husband made return visits to the home, and because she had ceased taking her medication.

At the High Court today Mr Justice Denis McDonald said he was satisfied to make various orders allowing the woman to be moved to, and if necessary detained at, the nursing home facility.

The judge made the orders following an application by the HSE, represented in court by solicitor Ms Aine Hynes.

The application was supported by the woman's court-appointed guardian Mr Keith Walsh who told the court that while the woman did not want to go to the facility, it was in her best interests that she be placed somewhere safe.

The court heard that the woman, who is aged in her 70s, had recently accidentally set fire to her garden shed while having a smoke.

The fire spread to an oil tank, which exploded and caused a lot of damage to her house.

The level of smoke damage was such that her home was deemed not safe for human habitation, and is in need of repair.

Currently, the house had no power, the kitchen has no working cooking facilities and was boarded up, and the property has no running water.

Alternative accommodation was secured. However, the woman and her husband made several return journeys to their house, the court was told.

This gave rise to concerns about the woman's health and safety, and her husband's ability to care for her.

The HSE claimed that there were issues with alcohol, that the woman had become agitated after she stopped taking her medication, and she was described as being in an unkempt condition.

She had not been observing social distancing guidelines issued by the HSE in relation to the Covid-19 pandemic.

The HSE argued that the woman needed to be moved to a nursing home-type facility, where she would be cared for and kept safe from harm.

Ms Hynes said it was hoped that this could be done on a voluntary basis, but in case she attempted to leave the facility the HSE said it required orders allowing staff there to detain her.

The woman' s family were supportive of the move, Ms Hynes added.

The Judge in making the orders said he hoped they were temporary, and that they can be reviewed again by the court at a later date.

Both the judge and the HSE also commended Mr Walsh for his efforts to visit and speak with the woman at such short notice given the current health emergency.