Information for "K v Clinical Director of Drogheda Department of Psychiatry (2022) IEHC 248"

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Display titleK v Clinical Director of Drogheda Department of Psychiatry [2022] IEHC 248
Default sort keyK v Clinical Director of Drogheda Department of Psychiatry (2022) IEHC 248
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Page creatorJonathan (talk | contribs)
Date of page creation09:51, 20 June 2022
Latest editorJonathan (talk | contribs)
Date of latest edit21:33, 18 January 2023
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The patient was discharged by the tribunal but almost immediately re-detained, initially under short-term holding power (under the Southern Irish MHA), when she tried to leave. Her detention was unlawful for two reasons: (a) she did not fall within the definition of a "voluntary patient" (this was because she was not being treated; her desire to leave was irrelevant); (b) the statutory forms had been incorrectly completed (and the "lamentable state of affairs" was not cured by a subsequent affidavit). The judge directed her release but asked her solicitor to advise her to consider remaining in hospital voluntarily.
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