A judge was “incandescent with rage” that Tusla could not provide a secure bed for a young child “at risk of death” due to their use of drugs, involvement in transporting drugs and travelling in stolen cars.
Dublin District Court Judge John Campbell said on Friday the preteen child “should be getting ready for Santa Claus”, but instead was worrying about where they would be at Christmas.
He heard the High Court had made an order the previous day that the child be detained in a special-care unit – the most secure form of care – for their own safety.
No bed was available in any of the three special care units, however, with none expected to be available until January.
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The child remains in an unregulated, unregistered placement, known as special emergency arrangement (SEA), and is one of two children in respect of whom special-care orders are in place but who cannot get a special-care unit bed.
Though 26 special-care beds exist, just 15 are operational due to challenges recruiting and retaining staff.
The court heard the child’s parents, who were in court, had voluntarily placed the child in care in recent weeks as the child needed “stabilisation”.
Solicitor Seona Ní Mhurchú, for the mother, described the situation as “highly unsatisfactory”. The child’s case was now on the “no beds” list before High Court Justice John Jordan, who hears the weekly special-care list.
Mr Justice Jordan had heard “harrowing evidence” on Thursday, she said, that the child was involved in “joyriding, acting as a drug runner ... and smoking cannabis”. The child “needs a bed as matter of priority,” she said.
Solicitor Niall McGrath for the guardian ad litem – a independent person appointed by the court to be the voice of the child – said it was an “affront to judicial system and the child-protection system” that an order for special care for a child could be sought by and granted to Tusla, only for Tusla to not give effect to that order.
“The agency must use every endeavour to safeguard [the child],” he said. It was “not tenable” for Tusla to come into court for weekly reviews saying there was no special-care bed.
He indicated plenary proceedings may be issued against Tusla if the situation continued.
It comes as Tusla confirmed to The Irish Times five sets of plenary proceedings have been issued against it “in respect of children for whom special-care orders have been made since the start of this year”.
Barrister Maeve Cox, for the father, asked Tusla’s chief regional officer (CRO) for the area where the child lived if they would be effectively “playing God” in January when deciding which of the two children “at risk of death” gets a bed.
“That is sadly the position I am in ... That is a reality I am having to face,” said the CRO. “Until we have enough qualified staff [for special-care units] we cannot [open more beds] “.
It was “really unfortunate” the child was in a SEA with “no end in sight” but an unregistered placement “was a safer option” than leaving them in the community, said the CRO. There had been “improvements” in the child’s risk level since coming into the SEA.
Mr Justice Campbell noted the parents always attended court. Listing the matter for mention next Monday, he said: “This child should be getting ready for Santa Claus, instead of worrying about where [they] will be ... This ... court remains incandescent with rage at the lack of a special-care placement for [the child]”.
