F v Mental Health Tribunal & Ors [2019] IESC 44 (29 May 2019)

F v Mental Health Tribunal & Ors [2019] IESC 44 (29 May 2019)

A renewal order under s. 15(2) of the Mental Health Act 2001 does not replace but extends the original admission order; therefore, an appeal against the admission order is not rendered moot by the making of a renewal order before the appeal is heard. The Circuit Court retains jurisdiction to hear the appeal as the admission order remains extant. The words 'is or was' cannot be read into s. 19(1); the statutory focus is on the patient's current condition.

Citation
[2019] IESC 44
Parties
Applicant/respondent: I. F.; Respondent/appellant: Mental Health Tribunal; Respondent/appellant: Mental Health Commission, Ireland; Respondent/appellant: Attorney General; Notice Party: Irish Human Rights and Equality Commission
Jurisdiction
Ireland
Judgment Date
29 May 2019
Procedural Posture
Appeal (judicial Review) / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Involuntary Detention, Right of Appeal, Interpretation of Statutes, Judicial Review, Safeguards for Detained Persons
Mental Health Law Administrative Law Constitutional Law Involuntary Detention Right of Appeal Interpretation of Statutes Judicial Review Safeguards for Detained Persons

Case Brief

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Parties

I. F.

Applicant/respondent

Mental Health Tribunal

Respondent/appellant

Mental Health Commission, Ireland

Respondent/appellant

Attorney General

Respondent/appellant

Irish Human Rights and Equality Commission

Notice Party

Procedural Posture

Appeal (judicial Review) / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether an appeal to the Circuit Court under s. 19 of the Mental Health Act 2001 is rendered moot if a renewal order is made before the appeal is heard
  2. 2 Whether a renewal order replaces or merely extends the original admission order under the 2001 Act
  3. 3 Whether s. 19(1) of the 2001 Act should be interpreted as referring to whether the patient 'is or was' suffering from a mental disorder

Ratio Decidendi

A renewal order under s. 15(2) of the Mental Health Act 2001 does not replace but extends the original admission order; therefore, an appeal against the admission order is not rendered moot by the making of a renewal order before the appeal is heard. The Circuit Court retains jurisdiction to hear the appeal as the admission order remains extant. The words 'is or was' cannot be read into s. 19(1); the statutory focus is on the patient's current condition.

Court Disposition

Appeal dismissed

Orders

  • Order of Certiorari quashing the Order of the Dublin Circuit Court dated 10 November 2015 upheld
  • Order of the Court of Appeal affirmed