The District Court granted an interim care order (ICO) for a newborn where the mother remained involuntarily detained under the Mental Health Act, 2001, following a severe psychotic episode. Concerns were raised about the mother’s mental health and background, including a possible history of trafficking.
The solicitor for the Child and Family Agency (CFA) said the mother had arrived in Ireland heavily pregnant. She was placed in emergency accommodation, but subsequently experienced a serious psychotic episode and was admitted to hospital, where she remained under psychiatric care. An emergency care order had been granted in the circumstances and the court had directed the attendance of a psychiatrist from the hospital to give evidence as to her condition.
The consultant psychiatrist said the mother was currently presenting with “very severe psychosis” and had no capacity to engage with the legal proceedings. He said her medication had recently been increased, and there was a possible diagnosis of bipolar disorder, though this had not yet been confirmed. The psychiatrist said it appeared she had previously been assessed by the NHS in the UK.
“When I spoke to her this morning, she was very stressed and displaying strange behaviour,” he said. Due to her condition, he said a decision had been made to refer the mother to a mental health facility for further assessment and treatment.
When pressed by the solicitor acting for the mother’s representative, the psychiatrist said an active diagnosis of bipolar disorder had not yet been made, and the medical information available from the UK did not include such a diagnosis.
The allocated social worker said she had yet to meet the mother in person. Her information as to the mother’s condition had come from the mental health team. She said there was a real concern that the mother had been the victim of human trafficking. Attempts to establish a timeline as to her previous whereabouts had been difficult, as the mother had been unable to say exactly where she had been before coming to Ireland, although a number of countries had been mentioned.
A possible father had been identified by the mother and the social worker had made contact with him, but he had not responded after being asked for photographs as proof of his relationship with the mother. There was a concern this man had been involved in the mother’s trafficking.
The judge asked whether An Garda Siochana had been informed about the trafficking concerns. The social worker said they were still gathering information.
The guardian ad litem (GAL) said she was supporting the application. She shared the social worker’s concerns, noting that the mother had also been in the UK and had an international protection application in progress. “There are many unknowns,” she said.
The GAL had met the infant earlier that day and described her as “a beautiful little girl.” She was doing well in her current foster placement, but the carers were going on holiday in a number of weeks and a new placement had yet to be identified, which was concerning and needed to be prioritised.
In terms of access, she said it was important to promote early attachment despite the mother’s current condition. “Anything that can be done to promote attachment between mother and baby is crucial – maybe video calls or audio recordings could help.”
Given the consultant psychiatrist’s professional opinion that the mother lacked capacity to participate in the proceedings, the judge said the application was effectively ex-parte. He granted the interim care order to coincide with the end of the mother’s current detention period. The judge further directed that a longer-term foster placement be sourced as a matter of urgency and that there should be no direct access between the mother and baby in the meantime.