The ongoing failure of Tusla, the Child and Family Agency, to provide secure care beds to the most at risk, vulnerable children is an “affront to the rule of law”, a High Court judge has said.
Judge John Jordan, presiding over the weekly “no beds” list on Thursday, heard updates on three children in respect of whom secure care orders have been made but who cannot get a bed due to staff shortages.
The hearing comes a week after an inquest jury, which found Daniel McAnaspie (17) died by unlawful killing while in the care of the State, recommended increased funding for Tusla to ensure timely access to secure care for the most at risk young people.
Meath coroner’s court heard the boy, who was murdered in Blanchardstown in February 2010 and his decomposed body found in Co Meath three months later, had “begged” to be taken into secure care in the months before his death.
Three applications by social workers for secure care were refused by a HSE special care committee due to lack of beds.
A child or young person who is deemed to be at such a risk to themselves, or others, as to need therapeutic residential care may be detained in secure care by the High Court.
On Thursday Judge Jordan heard a 15-year-old boy with a neuro-developmental disorder was “free-falling”. His father believed without secure care the boy “will die”, the court heard.
The boy is misusing alcohol and drugs, was found in possession of detergent tablets “for no reason”, is engaging with a family with criminal links, has been assaulted and needs dental care for knocked-out teeth. He faces 90 criminal charges.
A 16-year-old girl who is self-harming and has attempted suicide, has been “drawn into a life of criminality, drug dealing ... dealing in crack cocaine as a result of being ... exploited by a criminal gang”, the judge said.
She is at physical risk due to travelling in stolen cars and has been “subjected to sexual exploitation”.
Supports put in place for a 17-year-old girl for whom a secure bed order was made in November, were “not keeping [her] safe”.
Recently sexually abused by a person known to pose a risk to children, she was “very, very reluctant” to be interviewed by gardaí, saying she “had arranged for a vigilante beating to be delivered to the person she identified as the perpetrator instead”, the court heard.
She turns 18 next month, becoming ineligible for secure care.
“This is unsatisfactory,” the judge said. “This child should have been in special care if the Child and Family Agency complied with the order they applied for ... That is an appalling situation and it is very difficult to argue [the girl] has not suffered as a result.”
The judge said he was “tired of the excuses and the platitudes” from the agency. “Children are suffering and it is known they are suffering,” he said.
“Nobody, no judge should have to sit and listen to anyone, not least the State or an embodiment of the State, attempting to excuse noncompliance with a court order which they applied for and obtained.”
The court heard the number of secure care beds had fallen in recent weeks, from 15 to 14. There are 26 such beds but 12 remain closed due to staff shortages.
The situation had “gone backwards”, said the judge. “This system in crisis, this dysfunctional system is getting worse ... It is an indictment of the State that those special care beds are not available.”
Legal representatives for Tusla, present in court, did not object to his comments.
