HSE breached court order by letting anorexic teen go home

AN anorexic teenager, saved from certain death by court intervention three months ago, was allowed visit her family in breach of an order by High Court President Peter Kelly.

Mr Justice Kelly yesterday directed that whatever staff in the HSE authorised an overnight visit for the woman to her family, be ‘assembled before the court on Friday next to give a full explanation of the breach’.

Judge Kelly said he also wanted to know why the HSE was now proposing to transfer the 19-year-old girl, with medical, psychiatric and physical needs, from a general hospital to a community village for the elderly.

On June 26 last, Judge Kelly made orders allowing doctors administer life-saving treatment to the woman who was in an advanced state of malnutrition due to anorexia.

Judge Kelly had stated that without medical intervention the woman would die. The woman has since been treated in an intensive care unit and in a general hospital.

The judge told barrister Mairéad McKenna, counsel for the HSE, that notwithstanding the orders that he had made, someone in the HSE had decided it would be appropriate for the woman to be allowed an overnight visit to her family which was strictly not in her best interests.

‘Somebody in the HSE decided they would breach a court order and did so. Can you identify the person who dealt with this?’ Judge Kelly asked.

When Ms McKenna said she would have to take instructions from the HSE as to when witnesses could be brought to court, Judge Kelly said he would decide for them.

‘Have whatever witnesses the HSE proposes to give evidence to the court assembled here on Friday morning at 11 o’clock to provide the court a full explanation,’ he said.

Judge Kelly said he was wholly unimpressed that at the way nobody could tell him who authorised the girl to go back to a completely unsatisfactory family situation in breach of his court order. The case was adjourned until Friday.