HSE claims to have earmarked funds for Bantry mental health facility at centre of court row

The Mental Health Commission wants the HSE to renovate the facility that has been the subject of criticism across a number of MHC inspection reports.

Katharine Kelleher, solicitor for the HSE, said that the decision by the MHC would mean four- and three-bedroom rooms at the facility having a maximum of two people per room, and that all double rooms would be reduced to single occupancy. File picture: Denis Minihane

The HSE has told a court that it has earmarked up to €1.5m to deal with ligature points at its mental health facility in Bantry in Co. Cork, which is the subject of a legal wrangle with the Mental Health Commission.

The Mental Health Commission (MHC) told Bantry District Court that it intends to fully contest an appeal lodged by the Health Service Executive against the commission's decision last August to attach conditions to the registration of the Centre for Mental Health and Recovery which, if imposed, would immediately reduce capacity at the facility from 18 beds to 11.

The conditions sought by the MHC cannot be imposed until after an appeal is heard, with Judge James McNulty stating that January 30 and 31 were the most likely days when the case will be heard.

Katharine Kelleher, solicitor for the HSE, told Judge McNulty that the decision was communicated by the MHC on August 30 last and the appeal was lodged within the 21-day timeframe on September 19.

Ms Kelleher said that the decision by the MHC would mean four- and three-bedroom rooms at the facility having a maximum of two people per room, and that all double rooms would be reduced to single occupancy. She said such a measure would reduce capacity by 40%.

She said the issues surrounding the facility were of great concern to the HSE and the commission and also to the local population of 60,000 for which this was the main centre for mental health. She said the Bantry centre, operational since January 1996, was one of the older centres in the country and that the care provided was "excellent".

Ms Kelleher said she had been provided with relevant documents on Tuesday of this week by the MHC and that the appeal could take two days.

'Very concerned'

Zoe Richardson, solicitor acting for the MHC, said the decision, made under Section 64 of the Mental Health Act 2001, was not to do with the care provided but with the building. 

She said the commission was "very concerned" and that it had given the HSE "numerous opportunities" to rectify the issues but that this had not happened. Ms Richardson said the commission was concerned about bed space but also about ligature points.

Ms Kelleher said the HSE contended that the alleged issues over ligature were not part of the original decision made in August by the commission and she said a decision had been made to provide between €1.2m and €1.5m to eliminate those risks.

Ms Richardson said she did not know if the commission had been made aware of this funding commitment.

Hearing date

Both solicitors said they would work to agree on core documentation that may allow for a shorter hearing, and Judge McNulty listed the matter for January 12 next, for mention and to fix a date, suggesting that January 30 and 31 were the most likely dates.

The judge said the matter was "of great import" and would have a wider impact. "The implications of this decision could be far-reaching and of enormous cost to the country," Judge McNulty said.

The court also heard that any decision made in the district court is, in effect, final.

The HSE claims that the commission had not fully set out the basis for the reduction in bed capacity or attach weight to efforts made by the HSE to address the issues, alongside the impact of the Covid-19 pandemic. A previous MHC report on the facility did reference concerns over ligature points at the centre.