The PILS Project (Public Interest Litigation Support Project) was established in 2009 to advance human rights and equality in Northern Ireland through the use of and support for public interest litigation. It is the only organisation in Northern Ireland to increase access to justice by giving legal advice and financial support through a dedicated litigation fund to its members for legal cases, which champion the rights of vulnerable people to participate fully in society.
This guest article relates to the recent High Court judgment In the Matter of JR47 for Judicial Review [2013] NIQB 8.
Law Centre (NI), with the support of the PILS Project, recently brought a case before Belfast's High Court to challenge the Department of Health’s failure to carry out an assessment of need, and where appropriate, to resettle people with learning difficulties from Muckamore Abbey Hospital back into the community within a reasonable time frame.
The applicant, referred to as Mr E, suffers from learning difficulties. As a result, he has received support and assistance from the authorities at different periods in his life. In 1997, he was made subject to a Hospital Order under the Mental Health (Northern Ireland) Order. He was detained in Muckamore Abbey Hospital, outside Belfast. The Hospital Order came to an end in the year 2000. Since this date, when he acquired the status of a voluntary patient, he has been eligible for resettlement in the community. Between 2000 and 2011, only 2 possibilities for resettlement had materialised. The applicant declined both offers as he felt they were unsuitable for him.
This judgment affects many voluntary patients in Muckamore Abbey who may be eligible to be settled in the community. Many of those in this group have resided there for a significant period of time. Therefore, this was a case affecting a significant section of the community.
Judicial Review proceedings were initiated. The case was first heard by the High Court in Belfast in 2011. At this hearing, the applicant made the following arguments:
- He had a substantive legitimate expectation he would be resettled.
- A breach of his rights under Articles 8 and 14 of the European Convention on Human Rights.
- A breach of statutory duty resulting from a failure to carry out an assessment of need.
After this hearing the Court dismissed the application on all grounds. Shortly after the hearing, it was confirmed that Mr E was to be settled in the community.
Despite these developments, in light of the public interest importance of the case, the Law Centre (NI) and the applicant appealed to the Northern Ireland Court of Appeal. The financial support of the PILS Project enabled the Law Centre (NI) to bring that appeal before the Court. At this hearing, it was alleged that an important guidance document had not been considered by the Court. It was also argued that the Belfast Health and Social Care Trust should be added as a respondent alongside the Department of Health.
The appeal was allowed by the Northern Ireland Court of Appeal and the case was remitted back to the High Court for a fresh hearing and decision. The Court handed down its decision on 31 January 2013. The Court held that the Department and the Trust owed a legal duty to assess and review, on a regular basis, the community care needs of long stay residents in learning disability hospitals.
This is an excellent outcome to this case. The decision should ensure priority is given to the resettlement of those with learning disabilities in the community. In the context of public interest litigation, the work of the Law Centre (NI) in continuing the litigation despite the original judgment not being in the applicant’s favour cannot be underestimated. It shows the importance of not being deterred by an initial refusal of an applicant’s case and that it can be a long process before litigation is successful in bringing about real social change.
Click here to read the full High Court judgment.
Click here to read more about the PILS Project's casework.