Application by JR18 for Judicial Review [HC (NI)]
| Jurisdiction | Northern Ireland |
| Judgment Date | 23 November 2007 |
| Date | 23 November 2007 |
| Court | High Court (Northern Ireland) |
Court and Reference: High Court, Northern Ireland, WEAL4810.T
Weatherup J
Whether it was lawful to provide nourishment to a patient on a hunger strike
After a short period as a voluntary patient, the applicant's daughter was detained under the Mental Health (NI) Order 1986 on 7 September 2007. She began a hunger strike in late October. The hospital declined to intervene on the basis that she had capacity and could refuse it; the applicant sought an order directing the giving of nourishment without consent on the basis that it was treatment for mental disorder that could be given without consent by reason of Art 69 of the Order. The issue was whether nourishment was treatment for mental disorder.
[1] This is an urgent application for leave to apply for judicial review of a decision of the Southern Health and Social Services Trust, as communicated by letter of 22 November 2007, that the applicant's daughter has capacity to give instructions in relation to medical treatment while detained as a patient under the Mental Health (NI) Order 1986. The patient is currently in St Luke's Hospital, Armagh and is on the 28thday of a hunger strike. The applicant is the mother of the patient. The patient's designated next of kin is her father, who has consented to the present proceedings being instituted by his wife on behalf of their daughter. Mr Larkin QC appears for the applicant and Mr McAlinden appears for the Trust.
[2] The patient is described by Dr Brazil, Consultant Psychiatrist, as having a severe emotionally unstable or borderline personality disorder. She was admitted to the psychiatric unit of Craigavon Area Hospital on 5 September 2007 on a voluntary basis. On 7 September she became agitated and aggressive and was threatening suicide. She was prevented from leaving the hospital in her own interests and she became violent and aggressive. She was detained under the mental health legislation on that day and was transferred to her present location at St Luke's Hospital.
[3] The Mental Health (NI) Order 1986 provides that a person may be detained if, in the opinion of a responsible medical officer, that person is suffering from mental illness or severe mental impairment and certain conditions are satisfied. The patient appealed against her detention and then withdrew her appeal. I proceed on the basis that the patient satisfies the conditions for detention under the mental health legislation and is suffering from the requisite mental illness or severe mental impairment.
[4] The applicant seeks a declaration and an order that the Trust should intervene and provide treatment for the patient by way of nutrition. The Trust opposes intervention on the basis that the patient is an adult with capacity to refuse treatment and that it would be unlawful for the Trust to provide nourishment without the consent of the...
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