Tusla appeared to have a strategy of “running down the clock” when it faced legal proceedings for failing to provide secure care to extremely vulnerable children, a High Court judge has said.
Speaking as he heard the weekly special care list on Thursday, Mr Justice John Jordan said it was “totally unacceptable” that no beds had yet been found for two children, deemed to be “at risk of death”, whom he had ordered be detained for their own safety in recent weeks.
One of the children is 16 and the other is under 13, and both have been unable to get a bed in any of the three special care units in the State. Just 15 of the 26 beds in the units are in operation due to severe challenges recruiting and retaining special care workers.
Dublin District Court judge John Campbell said on November 7th that he was “incandescent with rage” that Tusla could not provide a special care bed for the younger child, whom the High Court had the previous day ordered be detained.
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He heard the child was “at risk of death” as they were using drugs, involved in transporting drugs and travelling in stolen cars.
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An order that the 16-year-old be detained was made in the High Court on October 30th when it heard the child was “at significant risk” from using and selling drugs, having been “enticed” to do so by an older family member.
Paul Gunning, barrister for Tusla, told Mr Justice Jordan on Thursday that plenary proceedings against the agency in respect of each child were pending.
The judge said of the younger child’s case: “This order should be have been complied with by now ... It is a totally unacceptable situation ... [Tusla] is failing to comply with an order that they applied for to protect the life and safety, development and welfare of this [child].”
Brendan Hennessy, for the 16 year-old’s mother, said the proceedings she had issued had been returned to next Tuesday.
“We have sent over directions to [Tusla] and we are seeking an urgent hearing before the end of this term,” he said.
Mr Justice Jordan said the child’s situation was “likely ... worse” than last week “by reason of failure” by Tusla to comply with the order.
“The matter is pending in another court. So I will leave it for the other court,” he said.
“I am happy to hear that an expedited hearing has been sought because one strategy that appears to be adopted [by Tusla] is to run down the clock until a bed becomes available with a view to neutralising proceedings.
“I am not certain that is so but certainly there is support for the view that is a strategy being adopted. It is totally unacceptable that a special care order is made in respect of vulnerable children and is not complied with. I want it complied with now.”
These latest cases bring to seven the number of separate sets of proceedings under way against Tusla in respect of children for whom High Court special care orders were made but who could not secure access to a secure bed.
The child has now accessed a bed in five of the cases.
