The mother of a man with severe dyskinetic cerebral palsy has been told by her local health board that it may consider making him a ward of court.
Ms Ann Mulligan, who lives with her son, Robert (22) in Lucan, Co Dublin, is suing the South Western Area Board and the Minister for Health, Mr Martin, for full-time home nursing care for him.
Mr Mulligan's spine is severely twisted, he suffers from the jaundice-like condition, Gilbert's syndrome, his airways need to be suctioned at least once a day and his sleep is highly erratic.
At a final case conference on her son's situation before the hearing - which is due to be heard in the High Court next week - it was decided the full-time home nursing care sought by Ms Mulligan was "not favourable".
Ms Mulligan was unable to attend the case conference, held last week, due to difficulties securing a carer for Robert for the afternoon. However, minutes of the conference have been seen by The Irish Times.
The conference was attended by 12 health professionals familiar with Mr Mulligan's case, including Dr Nicola Ryall, whose report to the health board last year noted Mr Mulligan's total dependence on others to be fed, dressed, washed and changed and recommended full-time home care.
Four care options were considered for Robert at the conference.
The first, shared care, would see part-time nursing or carer care provided in the home. Split care would see Mr Mulligan spend four nights a week in Cherry Orchard Hospital, with a team of carers provided to look after him three nights a week at home.The conference recommended this second option.
The third option, full-time residential care, was considered "not favourable" as was the fourth option - the one sought by Ms Mulligan - full-time home care.
"It was agreed that it would be prudent to have Robert wait-listed for appropriate residential care," the minutes continue.
During the course of the conference it was also agreed, "having Robert made a ward of court may need to be considered to ensure all his needs are addressed". The minutes indicate this would be a last resort. Ms Mulligan's case against the board and Minister was initially to be heard in the High Court earlier this month but was adjourned at the request of the health board pending the outcome of last week's case conference.
Reacting to recommendations, Ms Mulligan said yesterday she was "so upset".
"They tore me apart. As for the suggestion they'll make him a ward of court, I'll barricade myself in before anyone tries to touch my child. I'd prefer if we didn't have to go to court next week, but we're not afraid of them."
The case will be heard before Mr Justice Peter Kelly on Wednesday.
