Anorexia case: HSE staff to face judge
Mr Justice Kelly yesterday directed that whatever staff in the HSE authorised an overnight visit for the woman to her family, be “assembled before the court on Friday next to give a full explanation of the breach”.
The judge said he also wanted to know why the HSE was now proposing to transfer the 19-year-old girl, with medical, psychiatric, and physical needs, from a general hospital to a community village for elderly people.
On June 26, Mr Justice Kelly made orders allowing doctors administer life-saving treatment to the woman who was in an advanced state of malnutrition. Her weight had dropped to just over six stone and her teeth were falling out, in line with the classic symptoms of severe anorexia.
Mr Justice Kelly had stated that without medical intervention the woman would die. “It is not a question that she might — she will,” he had said.
The woman has since been treated in an intensive care unit and in general hospital.
The judge told Mairead McKenna, for the HSE, that notwithstanding the orders he had made, someone in the HSE had decided it would be appropriate for the woman to be allowed an overnight visit to her family, which was strictly not in her best interests. “Somebody in the HSE decided they would breach a court order and did so. Can you identify the person who dealt with this?” said Mr Justice Kelly.
When Ms McKenna said she would have to take instructions from the HSE as to when appropriate witnesses could be brought to court to explain matters, Mr Justice Kelly said he would decide for them.
“Have whatever witnesses the HSE proposes to give evidence to the court assembled here on Friday morning at 11 o’clock to provide the court a full explanation,” he said.
Mr Justice Kelly said he was wholly unimpressed at the way the matter had been approached and that nobody could tell him who authorised the woman going back to a completely unsatisfactory family situation in breach of directions contained in his court order.
David Leahy, for the committee of the woman, who had been made a ward of court, said he had only been given details on Friday of the HSE’s proposals to discharge the girl from the general hospital in which she was being treated to the community village for the elderly.
Mr Leahy said while it would be an inappropriate place for the woman, the HSE appeared to believe it would be less worse than where she was at present.
The matter was adjourned until Friday.
