Sunday 18 August 2019

HSE asks court for order over 'man's refusal to leave facility' after being discharged

The Four Courts, Dublin
The Four Courts, Dublin

Aodhan O Faolain and Ray Managh

The HSE has asked the High Court for orders compelling a man who it says has been fit for discharge for some time to leave one of its medical facilities.

Lawyers for the man told the court that he is prepared to leave the facility, but he has nowhere to go and is seeking suitable accommodation from the relevant local authority.

Neither the man nor the HSE facility can be identified for legal reasons.

Last year the man, who is aged in his 30s, was admitted to a hospital and required surgery due to a very serious medical condition. Since then he has undergone various medical treatments, has made a relatively good recovery and for the last number of months has been staying in a single room at a HSE-run facility.

The HSE claims that given the improvement in his condition there is no clinical reason for him to remain at the facility, and he has been clinically discharged.

However, due to an inability to obtain any alternative accommodation, the man has refused to leave the facility, the HSE claims. It says the local authority did offer the man accommodation, but he turned it down. Efforts were also made to see if the man could stay with family members, but these have not proven successful, it said.

The HSE claims that other patients are being prejudiced by the man's unlawful occupation of the room, where there is a significant waiting list. He has no lawful entitlement to be there, and is a trespasser, the HSE further claims.

Late last week, Ms Justice Leonie Reynolds granted the HSE permission to serve short notice of the proceedings on the man. The judge adjourned the matter to later this week.

Irish Independent

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