Case (Unlawful detention). K v Clinical Director of Drogheda Department of Psychiatry [2022] IEHC 248

— The patient was discharged by the tribunal but almost immediately re-detained, initially under short-term holding power (under the Southern Irish MHA), when she tried to leave. Her detention was unlawful for two reasons: (a) she did not fall within the definition of a "voluntary patient" (this was because she was not being treated; her desire to leave was irrelevant); (b) the the statutory forms had been incorrectly completed (and the "lamentable state of affairs" was not cured by a subsequent affidavit). The judge directed her release but asked her solicitor to advise her to consider remaining in hospital voluntarily.
Full details available at: https://www.mentalhealthlaw.co.uk/K_v_Clinical_Director_of_Drogheda_Department_of_Psychiatry_(2022)_IEHC_248?id=200622-0929