M. (A.) v. Kennedy, Clinical Director of the Central Mental Hospital

This application on behalf of the applicant is brought for the purpose of an inquiry by the Court into the lawfulness of his detention at the Central Mental Hospital at Dundrum, Dublin. The affidavit grounding the application is sworn by Mr Mark Felton, a solicitor appointed on the 14 th February 2007 by the Mental Health Commission to represent him at a hearing before the Mental Health Tribunal which was to take place on the 20 th February 2007.

It appears that the detention of the applicant commenced at Our Lady's Hospital, Navan by Temporary Admission Order made on the 24 th August 2005 under the provisions s. 184 of the Mental Treatment Act, 1945, as amended.

Having absconded from that hospital during treatment, he was transferred to the Central Mental Hospital, since Our Lady's Hospital, Navan did not have the capacity to provide the specialist treatment which it was felt that he needed at that time. Upon the expiration of the six month period of that detention on the 24 th February 2006, it was renewed by order for a further period of six months.

This extension would have endured until the 24 th August 2006. But it appears that on the 18 th August 2006 as the previous extension was nearing its expiration, a decision was taken that a further renewal was needed, and there is an endorsement on the Form 6 which reads "extended for a further period of six months from 18/8/06" and that is signed by Dr Anne Jackson, Consultant.

All medical opinion available to the Court is of the view that the further detention of the applicant is needed for his own safety and the safety of others, and that he suffers from schizophrenia and needs in-patient treatment.