An order for the arrest of a 16-year-old boy and his detention in St Patrick's Institution was issued by the High Court yesterday after it emerged the boy has begun abusing heroin.
The child's father expressed concern to Mr Justice Kelly that his son might have access to drugs at St Patrick's and said he disagreed with sending the boy there.
Mr Justice Kelly said he understood the concern but added that drugs were not as available at St Patrick's as they were on the streets. The judge said he faced the stark choice of putting the boy on the streets or into custody. There was no secure place available.
The court was told the boy was to have been placed in a high-support unit last summer but there were no places available. Because he had reverted to drug abuse, he now required a place in the Eastern Health Board secure centre at Oberstown House, but there were no places available there either.
It might be months before a place was available at Oberstown, which already had two inmates above its quota, the judge was told.
Mr Gerry Durcan SC, for the boy, said the case had taken a very bad turn. The boy had been attending a probationary hostel and special staff arrangements were made but the scheme had failed. The boy had been arrested on Monday night and was again taking drugs. He had been freed on bail and was in his parents' home. He faced criminal charges in the District Court later this month.
Counsel noted the boy was placed in Oberstown House secure unit last summer on the basis that a place in a high-support unit would be made available for him. That had never happened. Instead an ad-hoc arrangement was put in place.
Mr Durcan said he had expressed misgivings about that arrangement at the time and these had proved justified.
Mr Durcan said there was a domino effect because of lack of appropriate accommodation for troubled children. Secure places in Oberstown were being taken up by children who required high-support places but there were none of these available.
Mr Justice Kelly said this was a case of "true urgency" which had been before the courts on many previous occasions.
Making an order for the boy's arrest and detention in St Patrick's, pending further order, the judge said that it was not ideal but was better than the streets.
He directed that EHB staff have access to the boy and adjourned the matter until Tuesday next. He also directed that the EHB inform the court of what proposals it has to deal with placing children at risk.