High Court asks psychiatric hospital to find way for patient to visit family graves

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Man anxious to see graves of relatives who have died in recent years, judge says

The High Court has asked a psychiatric hospital to submit proposals on how it might safely facilitate an involuntarily-detained patient’s visit to his relatives’ graves.

To be declared a ward of court a person must have been deemed to be of unsound mind by two independent doctors. The man, who is in his 30s, is the subject of involuntary detention orders which must be reviewed every six months to ensure compliance with human rights laws. Ms Justice Hyland said the hospital contends that a visit to the graves would not be safe at present as there are not always clear triggers or warning signs prior to his explosive behaviour and the visit would be emotional. However, the man is very anxious to be released into the care of his family so he can see the graves of his relatives who have died in recent years, she said. His family, too, feels very strongly the visit should be permitted.

In considering that issue, Ms Justice Hyland noted the hospital had argued that his family members’ suggestion they would be in a position to care for him during a visit to the graves was “entirely unrealistic and fails to consider the protection of the public or take into account his forensic history”.

 

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