Key Facts
- •SM, a 24-year-old Irish citizen, suffers from Anorexia Nervosa, Complex PTSD, Mixed Depressive and Anxiety Order, and Pervasive Arousal Withdrawal Syndrome.
- •SM is receiving treatment at Ellern Mede in the UK, a specialist facility not available in Ireland.
- •The Irish High Court ordered SM's continued detention at Ellern Mede for assessment and treatment.
- •The HSE (Health Service Executive of Ireland) seeks recognition and enforcement of the Irish High Court order in the UK Court of Protection.
- •SM's progress has been significant but not linear, with periods of regression.
- •SM's capacity to consent to treatment and to litigate is in question.
- •SM has a strained relationship with her mother and does not wish her involved in the proceedings.
Legal Principles
Joinder and hearing of P in Schedule 3 proceedings
Re SV [2022] EWCOP 52
Recognition and enforcement of protective measures under Schedule 3 of the MCA 2005
MCA 2005, Section 63 and Schedule 3; Re PA & Ors [2015] EWCOP 38; Health Service Executive of Ireland v Ellern Mede Moorgate [2020] EWCOP 12
Capacity under the MCA 2005
MCA 2005, Section 1, 2, 3
Public policy considerations in recognising foreign orders
Re PA & Ors [2015] EWCOP 38
Compatibility with ECHR rights
Human Rights Act 1998; ECHR Articles 5, 6, 8
Outcomes
The court will order an up-to-date assessment of SM's capacity to understand and consent to her continuing treatment, and her litigation capacity.
Concerns regarding SM's fluctuating capacity and the potentially draconian nature of the order necessitate a capacity assessment to ensure compatibility with the MCA 2005 and the ECHR.
For the time being, the court continues to recognise and enforce the orders of the Irish High Court.
The current evidence allows for continued recognition and enforcement, pending the capacity assessment.