High Court, in judicial review proceedings, refuses application to quash a psychiatric institution's decision to grant a 12-month renewal order authorising the continued detention of the applicant who suffers from a 'mental disorder', on the grounds that judicial review does not provide an answer to the applicant's complaint that his right to liberty under the European Convention on Human Rights (ECHR) has been breached (arising from the respondent's failure to provide him with a 'reasonable interval' within which to challenge his continued detention during the 12-month period); but the court does find that such failure is incompatible with the provisions of the ECHR.
Judicial review - certiorari - application to quash renewal order authorising continued involuntary detention under mental health legislation - declaration of unconstitutionality - intellectual disorder - serious psychotic episode in 2015 - lack of full-time state support in community - whether detention order made solely on basis of a lack of suitable residential placement available to applicant - proposed alternative accommodation unavailable at present - dangers of early discharge to applicant's condition - likely to be non-compliant with required medication treatment if discharged - pleadings - alleged preventative detention - right to private life - whether decision to discontinue planned transfer was arbitrary and irrational - independent psychiatric report - statement of opposition - non-exhaustion of appeal mechanism - effectiveness of appeal to Circuit Court - tribunal cannot reconvene to consider legality of its own decision - mental health legislation - definition of 'mental disorder' - discharge - parties submissions - constitutional right to liberty - ECHR - availability of review procedures - no argument that detention procedures operate unfairly - inherent contradiction in level of care required - whether applicant has locus standi to challenge detention on basis of a lack of review procedures where he doesn't deny he suffers from a mental disorder - applicant cannot say his interests are adversely affected by the operation of the statute - no standing - methods of review of detention open to applicant - best interests of person principle - habeas corpus and judicial review proceedings unlikely to consider whether applicant suffering from mental disorder - mechanisms inappropriate for review of detention - no review available within 12 months of renewal order being made - incompatible with Article 5 ECHR.