A High Court judge warned the State yesterday that he could not allow a situation to continue where the courts were unable to make orders sending troubled children to appropriate facilities because there were no places available.
Mr Justice Kelly said the Minister for Health and Children would have to find "in short order" an appropriate place for a 13-year-old troubled boy "or run the risk of being in contempt of court".
The judge was dealing with the case of an out-of-control boy who is currently placed in a residential unit which is not secure. According to reports, the boy has been staying out until, in some cases, after 4 a.m., and the judge expressed concern for his safety. The boy failed to return until the early hours on 11 occasions.
Two district court judges had expressed the view the boy should be sent to a secure facility run by the State and returned the matter to the High Court. But yesterday Mr Justice Kelly was told there were no places available and there would be none available before March 28th. The court heard the non-secure unit was willing to continue working with the child until then.
Mr David Bairnville, for the State, accepted the situation was undesirable but said there was no other option. He said the judge was aware from other proceedings of efforts to redress the problem.
Mr Justice Kelly said undesirable "is mild". The situation was "hopeless", he said. He added the court's work was being entirely frustrated and it might as well "pack up and go home". He had stressed the importance of meeting the short-term needs of such children.
He was being asked to make an order which was manifestly not in the child's interest. It had been suggested in other cases the courts should make no order and this would put it up to the State, but, the judge said, this would mean a young child being out until the early hours of the morning.
Ms Mary Ellen Ring, for the child, said proceedings had been taken on his behalf when he was eight years old and the State was on notice of the situation since 1995.
Mr Justice Kelly said he could make an order directing the Minister to put the child in an appropriate secure setting. He told Ms Ring she had a remedy if that was not done - the Minister could be attached for contempt.
The judge added he could not allow the situation to continue where the district courts were effectively deprived of the ability to make appropriate orders for troubled children because the State was saying if the desirable orders were made there were no places. This could not be allowed to go on, it was a total frustration of judicial power. Mr Justice Kelly said he would consider the matter overnight.
