Durban - The Centre of Child Law has been allowed to intervene in a case in which a Durban mother said she was forced to bring an urgent court application to have a daughter admitted for permanent psychiatric care.
Last month, the mother of the child, who cannot be named, filed an application asking that her daughter be admitted to Town Hill Hospital because she was aggressive, prone to violent outbursts and was a danger to her younger siblings.
On Tuesday, the Centre for Child Law was granted leave to be allowed to intervene in the matter and for its director, Professor Ann Skelton, to be appointed as curator for the child.
Also read: Mom turns to court to get girl psychiatric care
Skelton was granted permission to conduct an intensive 60-day investigation of the child’s situation and treatment history and to determine the type of treatment that would best suit her needs and options for her ongoing care.
There was no opposition to the application from advocate Peter Rowan SC, for the mother, and the Health Department’s advocate Vishalan Naidu.
They agreed that it was the best way forward.
In her application, the mother said she and her family were not able to help her 11-year-old daughter and were afraid of her.
She said she had been advised that her daughter needed to be placed in a facility for permanent care, but she had been turned away by public hospitals.
The Centre for Child Law said in its intervention application that it wanted to protect the rights of the child, who could not litigate in her own name without assistance.
The centre’s attorney, Ronaldah Ozah, said although the girl had parents, there might be a conflict of interest between her interests and those of her parents.
She said there was no prejudice if the centre intervened in the matter, but it would aid the parties and ensure that the child’s interests were protected.
In an answering affidavit, Health Department psychologist Marcia Peters said it was “disquieting” that the child’s mother wanted to have the child permanently placed in a mental health facility.
Peters said she believed it was in the best interests of the child for her to be integrated into a “stable and supportive family environment” and to undergo therapy.
“Admission to hospitals was and is not the solution,” she said.
She denied that she had advised the mother that the child needed permanent placement at a psychiatric facility.
She said a multidisciplinary team including herself, a psychiatrist, social worker and occupational therapist had recommended that the child be placed in a special needs school with boarding facilities.
The matter was adjourned to June, when Skelton is expected to file a report.
The Mercury