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Application for habeus corpus fails where no issue taken with admission order made by consultant psychiatrist
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High Court refuses application for habeus corpus taken by applicant involuntarily admitted to hospital on foot of, firstly, an assessment resulting in a recommendation made by her general practitioner and, secondly, an admission order made by consultant psychiatrist at treating hospital, and rules that: a) for the purposes of the initial recommendation, the doctor is not required to put aside past experience of the applicant in compiling an assessment; and 2) the validity of the applicant's detention can only be assessed by reference to the subsequent admission order, to which no issue was taken in the proceedings.
Habeus corpus - Article 40.4.2 - adequacy of examination carried out by applicant's general practitioner prior to the making of a recommendation for her involuntary admission to hospital under the Mental Health Act, 2001 - whether doctor had prejudged the issue - whether inadequacy results in failure to comply with statutory requirements under legislation - applicant suffering from grave's disease - initial involuntary admission in November 2014 revoked by mental health tribunal - applicant subsequently brought to Garda station in December 2014 for the purposes of carrying out second assessment on foot of contact from applicant's mother detailing threats made by applicant against her mother - whether recommendation wrongly made on basis of prior events - applicant complied and went voluntarily in ambulance to hospital - admission order signed by consultant psychiatrist - second mental health tribunal hearing in January 2015 - general practitioner not available to give evidence - respondent's report diagnosed bipolar disorder manic with psychosis requiring applicant's continued involuntary admission - whether valid recommendation assessment carried out - requirements of a valid assessment - no statutory procedure laid down for the carrying out of an examination for the purposes of initial assessment - assessing doctor not required to leave aside details of prior knowledge of applicant - validity of detention falls to be considered by reference to subsequent admission order - no issue raised on admission order in this case - relief refused.
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