Case on sections 23 and 24 of Mental Health Act 2001

M.K v Clinical Director of St. Patrick’s University Hospital and Governors of St. Patrick’s Hospital Dublin also known as St. Patrick’s University Hospital and Health Service Executive

Judgement of Ms. Justice Laffoy delivered on the 28th August 2013.

Application for relief under Article 40.4.2 of the Constitution.

The Applicant was admitted to the approved centre as a voluntary patient on the 11th July 2013. He repeatedly attempted to leave the ward and was uncooperative. At 17.50pm on the same day Section 23(1) was invoked by a nurse. At 23.50pm of the same day, he suffered a significant seizure which was a medical emergency and he was treated on an emergency basis and was taken from St. Patrick’s by ambulance at 00.25am on the 12th July 2013 to St. James’s where he was treated until the 19th July 2013. He was brought back to St. Patrick’s on the 19th July 2013. 

For further details of this case see the attached notes by Keith Walsh

Notes on M.K. Case