Courts

High Court case seeks damages over State’s ‘systemic failure’ in providing secure settings for vulnerable children

Case is being brought on behalf of a boy against both Tusla and the State

The case relates to allegations of Tusla and the State's 'systemic failure' to provide secure accommodation for vulnerable children
The case relates to allegations of Tusla and the State's 'systemic failure' to provide secure accommodation for vulnerable children
Mon Dec 02 2024 - 20:35

A High Court case has been brought seeking damages, including aggravated and exemplary damages, over the State’s alleged “systemic failure” to provide secure accommodation for vulnerable children.

Mr Justice David Barniville, president of the High Court, gave directions on Monday for what is hoped to be an early hearing of the case being brought on behalf of a boy against Tusla, the Child and Family Agency (CFA), and the State.

Michael Cush SC, for the boy, told the judge this case was unfortunately like many others that have come before the court in which “special care orders” have been obtained.

It was not disputed that such an order was granted in this case but, as in the other cases, it was not complied with. That was until Monday morning when the CFA said it had a place for the boy.

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However, Mr Cush said there remained a very important systemic issue which was recently the subject of a non-statutory inquiry held by the judge in charge of the special care list, Mr Justice John Jordan, who delivered a judgment on it in November.

Mr Cush said while his client is seeking reliefs from the court by reference to fundamental and constitutional rights, he will also be seeking damages, including aggravated and exemplary damages.

Counsel said the provision of a place for his client had changed the landscape, but there remained a level of urgency about the case and he sought directions for a hearing in the new year.

Feichín McDonagh SC, for the CFA, said while the decision had been taken to prioritise Mr Cush’s client for a place, the procedural formalities were expected to take place on Thursday.

Gerard Durcan SC, for the State, said this was a complicated case and the State’s position was that there were likely to be factual and legal matters raised which, from his side’s perspective, are important issues. Counsel said he would need time to take instructions.

Mr Justice Barniville said it did seem the immediate urgency about the case had been addressed by the availability of a place for the boy. He believed the appropriate thing to do was to give directions on exchange of papers, including allowing the plaintiff to amend his statement of claim to seek aggravated and exemplary damages.

The case will come back in the new year.