RO (Schedule 3 MCA 2005), Re [2023] EWCOP 55

Judgment giving reasons for recognition and enforcement of an order of the Irish courts

RO is a young woman with a severe anorexic disorder, alongside Autistic Spectrum Disorder, mild intellectual impairment and severe depressive disorder. Under orders made in the Irish courts in 2021, RO was admitted to a specialist clinic in the UK. She was now seeking to go back to Ireland against clinical advice. An order under the inherent jurisdiction was made to retain RO in the Clinic. 

In this judgment, Mrs Justice Theis agrees that the application by the Irish authorities meets the requirements to be met under Schedule 3 of the MCA and did not fall within an exception that allowed it to be reviewed, pointing to the checklist of Mostyn J in Re SV which is useful in deciding such applications. She also goes on to consider the proper management of these applications.

Read the judgment on the National Archives