High Court president wants details on investigation into alleged assault of Irish man in UK facility
High Court reporters
The president of the High Court wants to know the status of a police investigation into the alleged assault of a young Irish man by staff at the UK psychiatric unit where he is detained.
Mr Justice David Barniville said it was “very troubling” that a person living in an overseas placement by order of the Irish court could be assaulted by staff there.
When he makes orders for a ward of court to be detained somewhere, “the last thing I would expect to happen is for the person concerned to be a victim of assault there”, he said.
“We need assurances that a person is not going to be assaulted by members of staff. Otherwise, we need to not make these orders and to revoke them.”
Alleged assault
The man, who told the court he is very unhappy at the centre, was allegedly beaten on the head, suffered extensive bruising and broke his finger in the alleged assault in March of this year.
Some staff members allegedly involved have left and all are subject to disciplinary procedures, while a police investigation into the alleged incident, the court heard.
Mr Justice Barniville felt he was missing some relevant information about the fallout from the alleged event and regarding the status of a potential police investigation.
Barrister Patricia Hill, representing the Health Service Executive (HSE), said further information will be sought about the police investigation, which may not be proceeding.
The man, who is in his early 20s, has been a ward of the Irish court since early 2020 due to his lack of mental capacity. He has been diagnosed with bipolar disorder, an intellectual disability, autism and a personality disorder.
He was placed into voluntary care by the Child and Family Agency when he was a teenager and was transferred to the UK centre about three years ago on foot of High Court orders.
Welfare reviews
His detention and treatment at the facility is the subject of regular welfare reviews by the court. His case returned to the president ahead of schedule as Mr Justice Barniville wanted answers about the alleged “very serious incident” and to ensure he is safe.
A HSE psychiatrist told the court, through a sworn statement, the man was initially placed on a low-security ward but after assaulting another patient he was moved to a medium-secure unit. There have been incidents where he has been aggressive towards staff, made threats and caused damage to equipment at the centre, which has led to periods of his seclusion, she added.
The psychiatrist said the man was the victim of an alleged assault in March from staff and was moved to another medium secure unit there.
The HSE professional said assessments of the man show he continues to lack capacity to make decisions about his treatment and placement and his understanding of his needs is “superficial at best”.
Trauma
The man’s court-appointed guardian said he was traumatised and suffering from post-traumatic stress. He expressed he felt “like a powerless eight-year-old again” after the assault, she said.
He indicated to her that he would rather be back in prison than remain at his current placement where he dislikes most of the staff.
The man, who appeared before the court via video link from his placement, said: “something has to be done”, as he is very traumatised, depressed and suicidal.
Appearing to recall the alleged assault, he said: “They were strangling and they were suffocating me. They were punching me on the head repeatedly. There were five of them.”
He said he wants access to a mobile phone and has “huge aspirations” to become a peer support worker to change the lives of people with mental health issues.
Mr Justice Barniville said it is “very clear” the man is not happy in the centre. He asked the HSE to provide him with an update soon and to look into the possibility of allowing him to access a smartphone.
He adjourned the case.
