Health Service Executive of Ireland v SM [2024] EWCOP 60 (T3)

Judgment about continuing recognition and enforcement of orders made in the Irish High Court concerning the ongoing treatment and liberty of SM, a 24 year old Irish citizen.

SM has been diagnosed with Anorexia Nervosa, Complex PTSD, and other mental health conditions, and since January 2024 has been receiving treatment in a specialised UK facility. The Health Service Executive of Ireland sought the recognition and enforcement of an order made by the Irish High Court in October 2024 which authorised SM's continued detention and treatment in the UK. SM remains habitually resident in Ireland but the specialised care required for her treatment is unavailable there.

After reviewing the legal framework and the relevant case law, including his own earlier judgment in this case, Hayden J notes at [35] that 'Schedule 3 of the MCA is a provision which embodies the conventional principles of international comity.' He then considers the interaction with the EHCR and at [43] concludes he is obliged to satisfy himself that SM continues to lack capacity to make decisions on her medical treatment, both under the Human Rights Act 1989, and to ensure the Irish order remains compatible with public policy in England and Wales. As the evidence stands he was able to continue to recognise and enforce the orders. 

Read the case on the National Archives