THE family of a mother of 12 found dead in a ditch five days after being discharged from a psychiatric institution is to seek legal advice tomorrow over potential action against the Health Service Executive (HSE).

Josephine Flood's remains were discovered in a frozen ditch off the busy N11 road near Oylegate in Wexford, in what has become the latest tragic tale involving the perceived flaws in local mental health services.

Speaking to the Sunday Tribune last week, Josephine's daughter Margaret (24) said that her mother had sent out a cry for help and did not wish to be discharged from care.

The exact circumstances surrounding her movements after she left St Senan's psychiatric hospital in Enniscorthy and her subsequent death have remained a mystery.

"We are not going to let it rest. I am going to see a solicitor on Monday; my sister has gone to see legal aid but I have to see one myself," Margaret said last week.

"She was released very early in the morning. She only had a few pound in her pocket, not much money. The hospital said they would organise a taxi."

Flood was referred to St Senan's on 2 February and left the following Wednesday after being seen by a consultant psychiatrist.

She was reported missing by the HSE on Thursday following her failure to make contact with anyone in her family. She was found on 8 February.

The health services have offered the family a meeting to discuss the circumstances but the family is furious at what it believes was the hospital's reluctance to keep their mother in for treatment at her request.

"She asked them could she stay and they said no; they got her a taxi," said Margaret, who claims that hospital staff had told her sisters that their mother had asked to remain at the hospital when they had enquired as to her situation. "I think she knew she needed help. She was trying to reach out for help but they weren't there to help her. I don't know why. Why did they let her go?"

A statement from the HSE simply stated: "In the interest of patient confidentiality the HSE would not comment on an individual case but can confirm that any patient, at any stage, can readmit themselves on a voluntary basis."

Gardaí and the HSE are conducting investigations into the events surrounding Flood's death. It is understood that, while hospital staff say they offered to arrange a taxi for her, for some reason she left on foot.

Later that morning she is thought to have made contact with a family member from a local shop. A local publican also made efforts to help her with getting a taxi but Josephine simply disappeared again.

Her body was eventually recovered beside the main road and removed to Wexford general hospital. Her funeral took place on Wednesday, 11 February.

"I identified my mam's [body]. Her eyes were eaten," said Margaret Flood. "There were two holes in her face and her chin was eaten. Her eyes were wide open; it was like she was looking at you. I felt as if she was staring into my soul. It was scary but I had to do it.

"I felt really angry, but it didn't really hit me until a couple of days after we buried her. I still haven't gotten over it. I still can't believe she's gone."

Josephine's personal life and her history with the social services had been fraught with tension and difficulties, her family say.

She was divorced and had had a number of unsuccessful relationships since. "I would say she did [have significant psychiatric problems].

"She was terrified of telling the health board that she was pregnant with [her last child] in case they would take her off her. That is what she was terrified of.

"She was never in a happy mood. The last time I saw her in a happy mood was when I was 17 and I was allowed to go home. I haven't seen a smile on her face since then."

It was on foot of the issue of her younger daughter that a local GP had referred her to St Senan's where she was later discharged.

Margaret also claims that nobody in the HSE or the hospital had contacted any family members to say that Josephine had left the hospital. However, it is understood that several attempts were made by staff to contact the person of her choice when she was discharged. "I felt angry, I felt betrayed. If that was their mother, wouldn't they like to know?" Margaret said.

A statement from the HSE said: "The HSE has expressed its sympathy to her family. As is normal in the context of the sudden unexpected death of a service user who has had recent contact with psychiatric services, the HSE is examining the circumstances of this case."