Mental health - Mental Health Act 2001 - Involuntary detention in mental health care facility - Affirmation by Mental Health Tribunal - Appeal to Circuit Court - Refusal to hear appeal due to lapse of time - Violation of right of statutory appeal 

Facts: Following the refusal of the Circuit Court to hear an appeal against the order of the respondent/Mental Health Tribunal affirming the admission order of the applicant for her detention in a mental health hospital on the basis of lapse of time, the applicant now sought an order of certiorari for quashing the decision of the Circuit Court. Subsequently, the Circuit Court affirmed the other order of the respondent which, in turn, had affirmed the renewal order for the applicant’s continuous detention. The key issue for determination was whether the Circuit Court was correct in refusing to hear the appeal in the first instance pending the currency of the extant renewal order. The applicant contended that the refusal to hear the appeal was a violation of her statutory right of appeal. The respondents argued that it was well settled by the Courts that periods of detention under an admission order and a renewal order should be counted as separate periods of detention and any defect in the initial admission order could not be cured by a subsequent renewal order.
Held: Mr. Justice Max Barrett refused to grant the relief sought by the applicant. The Court held that the appeal of the applicant against the admission order had become moot as it had been substituted by another renewal order, which was not an extension of that admission order but a separate order. The Court found that it would have been premature for the Circuit Court to affirm or revoke the said renewal order pending the determination of appeal by the respondent. The Court, however, noted that there were procedural lapses as notice of appeal pertaining to the admission order should have been amended to make it an appeal against the renewal order. The Court also observed that the Circuit Court could have exercised options to either adjourn the appeal pending the determination of the appeal by the respondent or struck out the matter with further no order. The Court opined that there should be an amendment to the Act of 2001 to the effect of providing procedures for an appeal against a lapsed admission order during the currency of an extant renewal order for the common good.
F (Ms) v Mental Health Tribunal and ors, and the Irish Human Rights and Equality Commission (notice party)
8/11/2016 No. 2015/642 JR [2016] IEHC 623