High Court allows man (60) to be transferred to nursing home against his wishes

High Court reporters

The High Court has sanctioned the transfer of a 60-year-old man to a nursing home against his wishes after hearing the space will be imminently lost if the move is delayed.

The transfer orders come some five months after he became fit for discharge from an acute hospital.

His case was before the court’s “inherent jurisdiction” list on Thursday because he lacks mental capacity due to alcohol-related cognitive impairments and a dementia-like condition called Korsakoff syndrome.

The court heard he needs 24-hour supervision due to his difficulties with daily living.

A solicitor appointed by the court to advocate for the man’s best interests expressed concern earlier this week about constitutional issues arising from the hospital’s request for the transfer.

Barrister Alan DP Brady, representing the man’s advocate, David Hickey of Curry & Hickey solicitors, said on Tuesday that it is “very clear” the man does not want to go to a nursing home. The court must be satisfied before ordering such a limitation on the man’s right to liberty, he said.

Mr Justice David Nolan adjourned the hospital’s application for the transfer orders until Thursday, so lawyers could ascertain the ramifications of further delaying a decision in the case.

On Thursday, the judge was told that the nursing home space would be lost if it was not accepted by Friday.

Mr Brady said the advocate understands this places the court and the hospital in a particular position, so he would neither consent nor object to the transfer orders.

Mr Hickey has been making enquiries about possible alternative services for the man, such as Health Service Executive (HSE) disability services, and will continue to look into this after the making of the orders, said Mr Brady.

The court heard previously that the HSE concluded the man does not meet the criteria for disability services due to having an alcohol-related brain condition.

Mr Brady said the HSE is treating this as an “older person” case rather than a disability case. Mr Hickey will continue to make enquiries on this but acknowledges that this is now a “more medium-term issue” than short-term one.

Mr Justice Nolan made the orders sought by barrister Ciara Dowd on behalf of the hospital.

He adjourned the case to February but, noting the advocate’s position, said the “door is always open in relation to this”.