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Family 'kept in the dark' over sister's condition
Ali Bracken

 


A SOLICITOR representing a young woman who has been involuntarily detained at a psychiatric unit for the past two years has claimed her detention may be unlawful.

The woman's sister has also expressed grave concern that her human rights have been seriously violated and said the hospital has paid little heed to the family's wishes. Karen English (27), a mother of one from Cork, was arrested by gardai just over two years ago in Cork city centre for being intoxicated in a public place. While in custody, gardai formed the opinion she was a danger to herself or others and had her examined by a doctor. The doctor agreed she was a danger and English was brought to the HSE-run Carrig Mor psychiatric centre at Shanakiel, Cork.

Under section 12 of the Mental Health Act 2001, she was held there for 21 days.

"I had no idea where she was. They didn't call me to tell me and I was worried sick, " her sister Katie English told the Sunday Tribune. "I met her boyfriend a couple of days after she went missing and she had been in touch with him. I went straight up to the hospital."

Under the Mental Health Act, after 21 days' detention at a psychiatric facility, a Mental Health Commission tribunal must be held to deem whether a person should be released or remain there. In Karen English's case, the tribunal decided that she should remain for another three months. "Of course I wanted to go to the tribunal but I wasn't told, " said Katie English. "My sister wanted me there too but it was held without my knowing even though they'd promised to tell me. I have no say in my sister's care and I'm the closest person to her."

After three months, another tribunal was held and it was again decided that English should be detained for another six months. "Just before it was held, Karen rang me to tell me it was on and I went straight up to the hospital from Sligo.

But they wouldn't let me into the tribunal, " said her sister. At this point, she became frustrated as she felt the family's feelings were not being considered. She enlisted a solicitor to represent her sister, Eamonn Moloney of Daly, Derham and Donnelly in Cork city.

"Even though Karen would have had a legal representative appointed by the Mental Health Commission, I don't know how someone could represent her without speaking to her family and knowing what support and care they could offer and what their wishes were. Her family have been kept in the dark for two years, " Moloney told the Sunday Tribune.

He wrote to the Mental Health Commission and the Health Service Executive (HSE) informing them that he was representing English and asked to be informed when the next tribunal would be held so he could appear. He also sought all her medical records under the Freedom of Information Act, which he received recently after a three-month wait. However, he was not informed when English's subsequent tribunal was held in June and it was decided again that she should remain in hospital for another six months.

Because he was not informed about it, he believes her "constitutional rights might have been breached" and is considering taking the case to the High Court challenging her detention as unlawful.

He will also now begin a bid to get his client independently psychiatrically assessed.

English says her sister suffers from bipolar disorder and had problems with alcohol and drugs in the past. The sisters are no longer in touch with their parents and were brought up in foster homes from a young age. "I'm not saying she doesn't have problems, but I should have a say, " she said. "Her human rights have been trampled on. Everyone has a right to live their life. That hospital is more like a prison."

English said her sister has been severely institutionalised and is on a range of psychiatric drugs. "I'm worried she'll never re-adjust to life outside the hospital. She has got so much worse since being in there. There should be a facility for my sister in the community. She should not be not locked up like a criminal."

John McCarthy, a Cork campaigner for the rights of psychiatric patients, said that English was "voiceless" and her "human right to liberty and dignity has been greatly infringed".

A spokeswoman for the Mental Health Commission said it could not comment.




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