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The High Court granted the Health Service Executive orders under its inherent jurisdiction to continue care arrangements, including supervised contact restrictions, for a 30-year-old woman found to lack capacity due to extreme environmental neglect and dysfunctional family circumstances. The respondent, who was removed from a severely squalid family home following safeguarding concerns and ongoing criminal investigations, was found by all clinicians not to suffer from intellectual disability but to have impaired adaptive functioning and capacity due to learned behaviours and trauma. The court determined that statutory schemes such as the Assisted Decision Making (Capacity) Act 2015 could not sufficiently provide for necessary deprivation of liberty or restrictions on contact, requiring the exercise of the court’s inherent jurisdiction to protect the respondent's rights to health and welfare. Orders were made for ongoing reviews and continued protection, with an emphasis on supporting the respondent towards greater independence.
inherent jurisdiction – capacity – environmental neglect – Orders for care and supervision – deprivation of liberty – supervised family contact – personal welfare – learned behaviour – Assisted Decision Making (Capacity) Act 2015 – adaptive functioning – High Court – detention – constitutional rights – decision-making representative – self-neglect
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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