A boy who should be detained in secure State care on foot of a High Court order is hearing voices encouraging him to kill and harm others, a judge has been told.
He is among six teenagers whose lives are considered to be at high risk while they await a court-ordered space in one of the State’s three “special care” units.
Barrister Sarah McKechnie, for the Tusla –the Child and Family Agency (CFA), said the boy’s situation “continues to deteriorate” while he remains in the community. The High Court heard he is currently residing in an unregulated emergency placement.
Mr Justice John Jordan, who hears weekly updates about the boy and the other five teens waiting for a special care place, said there is “very little I can say when . . . a child who should be in special care is hearing voices telling him to kill or harm people and is saying he is going to do that”.
It is “quite extraordinary” that something is not being done to find a special care place for him and the others, “who are suffering harm on a daily basis”, he said.
The judge said it is “unacceptable” that all of these children “remain at risk” while the orders he made “to protect their lives” are not acted upon.
The judge said the Government now receives weekly risk reports about these children, “but it is making no difference”.
“The utter absurdity of the situation created by the CFA and the powers that be must be addressed . . . The failure to address the situation for months and years is a disgrace,” he added.
Tusla is legally obliged to seek orders from the court providing for these children’s detention in special care, as it believes such a restriction is necessary to protect their lives, safety, health and development.
However, the agency says it cannot act upon all of the court’s “special care orders” as it faces a staffing crisis arising out of its inability to pay higher wages due to public sector pay restrictions set by Government departments.
Without more staff, it cannot open more than 14 of its 26 special care beds, the court heard.
Among those waiting for a place is a girl who has repeatedly attempted suicide, regularly goes missing from care and who is at risk of sexual exploitation.
Barrister Brian Barrington, representing the girl’s court-appointed advocate, said there is a concern about the girl facing a “substantial risk of death by misadventure”.
The court also heard that a mother is “distraught” that her teenage child, who is also awaiting a special care place, is still selling themselves for sex.
Mr Justice Jordan adjourned the cases until next Thursday, when he wants to hear that his special care orders have been complied with.
“It is quite extraordinary to be sitting here having made order after order in these cases and to be speaking to a State agency asking for the order to be complied with … It is absurd, and the responsibility rests with the CFA and the Government."
A Supreme Court ruling earlier this week said it would allow a mother’s appeal against the High Court’s refusal to hold the agency in contempt for failing to comply with a special care order for her son.
Mr Justice Jordan on Thursday welcomed the “clarity” provided by the judgment.
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