The case of a 14-year-old boy who has tried to kill himself three times is to be brought to the High Court for a judicial review in an effort to compel the Health Service Executive (HSE) to provide him with therapeutic help.
The teenager, who had been in a school for children with special education needs, has been involved in suicide attempts and incidents of self-harm and his family fear for his welfare, the Dublin Children's Court has heard.
He is before the court arising from a charge of handling a stolen bicycle. He was remanded in custody in March to the Finglas Child and Adolescent Centre, over breaches of bail conditions compelling him to obey a nightly curfew and attend school.
A psychological and educational assessment of the boy took place in the centre, which recommended that he should go to Ballydowd special care unit, a secure therapeutic residential unit.
Defence solicitor Michelle Finan told Judge Aingeal Ní Chondúin yesterday that she had received a report from the HSE which was in conflict with the detention centre's assessment.
Its report had stated that the teenager could return home but Ms Finan said he could not be controlled there, and the detention centre's assessment indicated he needed to be placed in a therapeutic environment.
Ms Finan said she would bring the case to the High Court to initiate judicial review proceedings to compel the State to comply with its constitutional obligations to provide the boy with the assistance he needed. Two weeks ago the court had heard that the HSE did not have the resources to find suitable accommodation for the boy.
Nicola Carr, a court officer with the Special Residential Services Board, told Judge Ní Chondúin yesterday that the Finglas Child and Adolescent Centre had recommended a residential therapeutic care unit.
However, she added that the HSE has not provided a placement and has not made an application for the boy to be admitted to the Ballydowd special care unit.
Judge Ní Chondúin said: "What I am being pushed to do is to keep him in detention. The child wants bail; this is a Section 17 charge (handling stolen goods) and one that I would not under any circumstances whatsoever keep a child in detention for.
"I do not want to put you in custody but the people who should be helping you are not doing it and the only way I can help you is by keeping you in custody."
She added: "It is wrong to put the child into custody but I am going to have to do it."
The case was adjourned for a week, with the judge directing the HSE to attend the proceedings then.