31 Jan Mental health law schizophrenia, European Human Rights Act 2003, lack of appropriate treatment
Peter Connolly solicitors first major high court action of 2011 involves a case taken on behalf of a parent of a young adult man with mental illness who has been denied treatment under the mental health act 2001 – 2009.
We act for his father who has been trying to have his son admitted to a secure hospital in his best interests, as his son poses a risk to himself and the general public due to his mental state.
The case has been taken against the HSE and the young man’s local psychiatric hospital on behalf of his father as he is actuley unwell and his local hospital have refused in-patient treatment on the grounds his mental illness is behavourial.
The case breaks new ground regarding the mental health act 2001 as for the first time a parent is endeavouring to use the law to get proper treatment for his son who is actuley unwell.
The case is next before the High Court on the 2nd February and will if litigated be an important precedent for mental health service users and their families. Resource based cases are very difficult to win but the challenge is being mounted on human rights grounds.
The outcome will be posted here at a future date. The case bears record number 2011/858 P and is entitled Schweppe -v- HSE & Newcastle Hospital