Functioning Stormont is needed to tackle 'choatic' healthcare in Northern Ireland says senior judge

Mr Justice McAlinden insisted the courts cannot be used to apply “sticking plasters” on services he described as being in a “parlous state”.

His comments came in a legal challenge over the initial failure to provide hospital placement for a man with learning difficulties assessed as needing to be detained under the Mental Health Order.

Urgent judicial review proceedings were brought by his mother against the Belfast Health and Social Care Trust and the Department of Health.

At a High Court hearing on Thursday night it was confirmed that a bed has now been found for the patient at Muckamore Abbey Hospital near Antrim.

Counsel for the family accepted the challenge had become academic, but predicted similar situations will arise in future because of a lack of facilities for vulnerable adults requiring detention for mental health assessment.

However, Mr Justice McAlinden rejected suggestions that he should “grasp the nettle” and deal with legal issues raised in the case.

“It’s a question of restoration of a functioning Executive, putting in place of a Minister for Health who then, with the additional resources that are being targeted towards health, can address the appalling issue of chaotic provision of healthcare in this jurisdiction,” the judge stressed.

“The courts cannot and will not get involved in applying sticking plasters because there are larger issues at stake than just one particular case, as serious as this particular case is.

“The whole functioning of mental health services and the health service in general in Northern Ireland, is in a parlous state.”

He added: “The court’s role in relation to that is to address each particular issue as it is brought to the court, rather than try to construct a solution to a very difficult global health problem that exists in terms of waiting lists and the availability of diagnostic and therapeutic treatment for people in need of those interventions.”

Based on the patient obtaining a placement at the hospital facilities, Mr Justice McAlinden refused leave to continue the judicial review challenge.

Outside court the family’s solicitor claimed they should never have needed to seek legal intervention.

Victoria Haddock of Phoenix Law said: “Sadly critical situations like this are arising more and more frequently, and the vulnerable and those most in need continue to suffer.”