Tusla, the Child and Family Agency, took “exceptional” and “unprecedented” steps to place a child it considered to be the most vulnerable minor in the State in a secure care facility earlier this year.
Tusla took the steps following orders granted by High Court president Mr Justice David Barniville providing for the child’s care and detention at the secure care unit − one of three such “special care” facilities in the State used to care for highly vulnerable children.
The unit was at capacity before the child’s admission, and Tusla took various exceptional steps to create a space for the child at the unit − including issuing a national call-out for staff to facilitate the admission, and temporarily redeploying workers from elsewhere in the agency to the unit.
Details of the child’s case are being reported for the first time after Mr Justice Barniville on Monday – noting the significant public interest issues arising in the case – directed the easing of stringent reporting restrictions in the proceedings.
RM Block
This followed an application moved on behalf of The Irish Times, RTÉ and Irish Independent publisher Mediahuis.
Of 26 existing secure care beds in the State, just 15 are operational due to severe difficulties recruiting and retaining special care staff. At present, there are six children whom the High Court deems should be in special care, but who do not have a place at a special care unit.
Over the course of the proceedings, the child was described as the most vulnerable minor that Tusla was aware of.
The court heard that at previous care settings, the child engaged in high-risk behaviours and was repeatedly reported missing in care. Tusla submitted that the child could not be kept safe if they were not detained in a secure setting.
In granting orders to detain the child in the unit, Mr Justice Barniville described the circumstances of the case as extremely difficult and traumatic for all concerned.
Since their placement at the unit, the child has progressed well and is happy with the placement, the court has heard.
The unit in which the minor was placed was at capacity before their admission.
In order to make a place available for the child at the unit, and in light of the exceptional risk to the child, Tusla took a series of steps.
Outlining those steps to the court, Shane Costelloe SC, appearing for Tusla with barrister Sarah McKechnie, said that, in circumstances where the agency is in crisis − mainly relating to staffing issues − nothing like what was put in place for this child had happened previously, nor will it be allowed to occur again. He described the measures as “unprecedented” and “exceptional”.
Mr Costelloe said Tusla issued a nationwide call for assistance for staff to make themselves available to facilitate the admission of the child and bring up the staffing numbers at the unit. Staff members were temporarily relocated and placed in hotels to this end.
A newly established residential care service which had been expected to go on stream was temporarily postponed, with staff deployed to the minor’s unit, he said. Referrals to other centres were also temporarily suspended.
Mr Costelloe also said that, following a request by Tusla, the Health Information and Quality Authority (Hiqa) acceded to variations in regulations allowing for the accommodation of the child at the unit.
Mr Costelloe said that the child’s case has been discussed at various meetings at the highest level of Tusla, including with chief executive Kate Duggan and other regional executives.
Mr Costelloe said that the accommodations were made on an emergency basis.
Mr Justice Barniville described the steps as “dramatic developments”, and noted how the actions impacted on other children and staff involved in the care system.
The court later heard that the exceptional steps were stood down following another child’s discharge from special care.
Throughout the proceedings, the child’s court-appointed advocate, the child’s mother and father, and the HSE have also been legally represented.
Barrister John Maher, appearing for The Irish Times, RTÉ and Mediahuis, made several applications in respect of the reporting restrictions throughout the proceedings.
On Monday, Mr Justice Barniville said that a main concern was that nothing be published that would identify the child, or damage their position.
However, he said there were other interests in play, including the significant public interest issues arising in the case.
The president said there was always going to be a point in time when the “balance was going to shift” towards allowing greater reporting of the proceedings. He said it seemed to him that balance had shifted.
He directed that nothing be published identifying the child.
