The mother of a vulnerable teenager who is said to have attacked his family and threatened her with a knife has been granted permission by the High Court to bring a legal action against the Child and Family Agency (Tusla) and the HSE over his treatment.
The 17-year-old, who has special needs and cannot be named for legal reasons, is subject to an interim care order and has been in the care of Tusla since 2023.
Last month, a care facility wrote to Tusla saying the existing arrangements for the teenager could not be maintained beyond Tuesday, November 5th, due to his behaviours. However on October 30th, staff at the facility had confirmed their availability from Tuesday to offer a “solution” to the situation.
The boy has been diagnosed with obsessive-compulsive disorder (OCD), attention deficit hyperactivity disorder (ADHD) and procedural psychosis and has been the subject of multiple minor wardship orders by the High Court.
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Mental health services identified an “extreme range of obsessions and compulsions”, which the boy’s mother struggled to deal with after Tusla advocated for “intensive family support”.
It is submitted that the boy’s volatility at home escalated to putting himself and family members at risk and that gardaí were contacted several times.
It is submitted that the boy began breaking items in the house, including windows and a glass table, had punched his brother in the face and had prevented his mother from leaving the house or speaking to people about him on the phone.
The boy smashed a window, kicked his mother and threatened his brother with a knife. Gardaí were called and the boy was admitted to hospital for three weeks but absconded and returned to the family home, where he threatened his mother with a knife and then turned it on himself, holding it to his chin.
After a further psychiatric assessment, which described the boy as suffering with an “acute exacerbation of OCD ... spilling over into family life and aggressive and self-injurious behaviours”, he was returned home from hospital on a phased basis.
It is submitted that the boy’s mother had expressed concerns about her son needing professional care and intervention after his discharge from hospital. It is also submitted by the mother of the boy that the treating psychiatrist suggested a consideration of the staffing allocation at the hospital.
Escalation in behaviours at home included defecating in the back garden, more threats of physical aggression and intimidation, and shouting – including towards social workers.
The action is being taken by the boy’s mother against Tusla and the HSE, where she seeks a declaration that they are in breach of their statutory duties towards the boy.
The action against the HSE seeks a declaration that they have a duty to the boy, under the Constitution, to take “all necessary steps to promote, protect and/or vindicate the life, dignity, autonomy, personal and bodily integrity and/or safety of and welfare of the boy”.
A declaration is also sought alleging that HSE and Tusla have failed to provide an appropriate placement for the boy under the European Convention on Human Rights.
Lawyers for the boy and his mother on Monday successfully applied in a High Court ex parte motion – dealing with urgent matters where only one side is represented – for leave for judicial review.
Mr Justice Conleth Bradley told Ms Patricia Brazil SC, who appeared with Ms Maeve Cox BL, for the boy and his mother, that the case would now come before the High Court next week.
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