A High Court judge has asked “what has to happen” for Government to “take the necessary steps” to open enough special care beds for the most at-risk children.
Mr Justice John Jordan said the government departments responsible were “alert to the appalling state of affairs” in respect of a 16-year-old and a child under 13 for whom there were no beds in any of the three special care units.
Just 15 of the 26 existing special care beds are operational due to severe challenges recruiting and retaining special care staff.
Speaking during the court’s weekly special care hearings on Thursday, the judge said he had had “enough of orders being ignored” by Tusla, the Child and Family Agency, and wanted its solicitors to tell this to “those with the power to solve this problem”.
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He heard the younger child, whom he last week ordered be detained in special care, was in an unregulated special emergency arrangement (SEA) amid “huge concern for [their] safety”. The child was involved in “running” drugs for older criminals, break-ins, thefts and assaults and was using drugs.
Nóra Ní Loinsigh, for the mother, said since last week the child had been found with more than €300 of cannabis.
“The level of risk is very, very high here,” Ms Ní Loinsigh said. She had been instructed to bring proceedings against Tusla for failure to comply with last week’s order.
Mr Justice Jordan said the child came from a dysfunctional background, had significant neuro-developmental challenges and features of ADHD (attention deficit hyperactivity disorder).
“One would wonder in a modern democracy, where the rule of law is supposed to be respected, how it can be that [a child] who should be kept safe in special care is smoking cannabis and is found to have in his possession cannabis worth in the region of €350,” he said.
“The situation is absolutely disgraceful, but I am once more running out of superlatives ... to describe the utter frustration of this court at the fact that a court order that [Tusla] applied for and obtained by reasons of the risk to the life, and safety and development and welfare, of this child is not complied with.”
[ Judge ‘incandescent with rage’ at Tusla failure to provide secure bed for child ]
Separately, a 16-year-old, whom Mr Justice Jordan had ordered be detained in special care two weeks ago, remains without a bed, the court heard.
Maeve Cox, for the boy’s guardian ad litem, said the child was missing from his placement – an unregulated SEA – where he had been spending little time, arriving in at 6am and leaving again at 9am.
He was using and selling drugs and last week receipts were found in his possession for runners costing €1,000, she said.
Brendan Hennessy, for the child’s mother, said she was “very concerned” for his safety and “simply cannot understand why” he had not got a special care bed. “We have filed plenary summons [against Tusla] today,” he said.
Mr Justice Jordan said: “This is a disgraceful situation once more.”
Noting risk assessments of all children who have orders for detention in special care are sent to the Chief State Solicitor’s office, he said: “Not alone [Tusla], but the departments [of Children, and of Public Expenditure] in government, the State, are alert to the appalling state of affairs in respect of these children.
“It is very, very difficult to understand how or why this situation is permitted to continue.
“What has to happen before the necessary steps are taken to open beds so these two children and others coming down the line are provided with the special care which the State believes they require?
“I want the solicitor for [Tusla] to send this along the line, and to make it clear this court has had enough of its orders being ignored.
“I want these orders to be complied with now.”
