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06/05/2011
Mental Health Patient Loses Legal Challenge
A mental health patient has lost his legal challenge on resettling people with learning disabilities into the community.
His lawyers claimed the Department of Health was in breach of its duty to make relocation a matter of priority.
But a judge rejected all grounds for a judicial review, dismissing claims that the authorities had not complied with their duties under health and social care legislation.
The court also rejected claims they had not done enough to help long-term patients get resettled.
The unidentified man has been a voluntary patient at Muckamore Abbey in Antrim for the last 11 years.
The case has implications for around 200 people still being kept in learning disability hospitals throughout NI.
Mr Justice McCloskey held that the department had not breached the man’s right to privacy and right to freedom from discrimination under the European Convention on Human Rights.
He commented: "There is no suggestion that the development of their relationship has been significantly inhibited. All in all, I find that the failure of which (he) accuses the department does not interfere with his right to respect for his private life."
Outside court Law Centre spokeswoman Maura McCallion, who represented the man, confirmed she would be examining any options for further legal action.
She added: "It's important now that the new Executive renews its commitment to ensure that adults in Northern Ireland no longer have a hospital as a home address."
(JG/BMcC)
His lawyers claimed the Department of Health was in breach of its duty to make relocation a matter of priority.
But a judge rejected all grounds for a judicial review, dismissing claims that the authorities had not complied with their duties under health and social care legislation.
The court also rejected claims they had not done enough to help long-term patients get resettled.
The unidentified man has been a voluntary patient at Muckamore Abbey in Antrim for the last 11 years.
The case has implications for around 200 people still being kept in learning disability hospitals throughout NI.
Mr Justice McCloskey held that the department had not breached the man’s right to privacy and right to freedom from discrimination under the European Convention on Human Rights.
He commented: "There is no suggestion that the development of their relationship has been significantly inhibited. All in all, I find that the failure of which (he) accuses the department does not interfere with his right to respect for his private life."
Outside court Law Centre spokeswoman Maura McCallion, who represented the man, confirmed she would be examining any options for further legal action.
She added: "It's important now that the new Executive renews its commitment to ensure that adults in Northern Ireland no longer have a hospital as a home address."
(JG/BMcC)
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