Young adult suffering from a mental disorder to be detained involuntarily in psychiatric care

Mental health law - previous proceedings were in being in this jurisdiction entitled “Health Service Executive v. “K.W.”, a minor represented by her guardian ad litem, Raymond McEvoy, Record No 2013/10243P” - by order of Birmingham J. dated the 12th November, 2013, the applicant was authorised to remove the then minor from this jurisdiction and to place her in the Heritage Ward, Lowther Unit, St. Andrew’s Healthcare, England - High Court of Ireland reviewed the aforesaid order on a periodic basis – on the 22nd January, 2015, orders were made by consent of the parties including the applicant, the guardian ad litem appointed on behalf of “K.W.”, and her parents, the notice parties, declaring, inter alia, that “K.W.” is a vulnerable person in need of protection pursuant to the inherent jurisdiction of the High Court - On the 25th January, 2015, “K.W.” reached the age of majority - court was requested to determine whether “K.W.” has capacity to make decisions regarding her future care and treatment and in turn, if this Court is to so hold that “K.W” holds/lacks capacity, whether it have jurisdiction to detain her further at St. Andrew’s to protect her personal rights under Article 40 of the Irish Constitution 1937 – medical evidence - applicable law on the issue of capacity - no statutory test for capacity in this jurisdiction – submitted by HSE that if this court is to find that "K.W” lacks capacity, it must consider whether it can and should exercise its discretion to grant an order to detain “K.W” pursuant to the inherent jurisdiction of the High Court, so as to uphold her personal rights as guaranteed under Article 40 of the Irish Constitution 1937 - Mental Health Act 2001 - the criterion that the Court must consider in determining whether an individual has capacity as set out by Laffoy J. in Fitzpatrick v. F.K [2009] 2 I.R. 7 - court holds that “K.W.” lacks capacity, which goes to her failure to appreciate the seriousness of her conditions - there is a high probability that fatal damage could occur which could result in “K.W’s” loss of life - as the court has found that “K.W” lacks capacity in terms of making material decisions regarding her medical treatment and therapy, court concludes that "K.W’s" best interest and personal rights under Article 40 of the Irish Constitution 1937 are endangered and in turn, the intervention of the court is necessitated - in terms of the habitual residence of “K.W.”, court accepts that she is an Irish citizen and is of Irish domicile - court exercises its inherent jurisdiction to detain “K.W.” involuntarily as a psychiatric patient in an adult psychiatric ward under the care of the Clinical Director of Ennis General Hospital, Co. Clare - decision taken to protect her welfare and vindicate her personal rights where she is not in a position to protect herself and remains at high risk of suicide and/or self harm - court therefore grants the suite of orders sought by the applicant.