State resources should be used to provide accommodation and facilities for troubled children rather than paying the costs of court cases to ensure the State's obligations are met, a High Court judge said yesterday.
Mr Justice Kelly said it was "regrettable" that the resources of the State had to be used to pay legal costs in such cases, "when they could be better used by providing the facilities which are being sought by these applicants and which are ultimately being afforded to them as a result of the legal proceedings".
Lawyers say it has cost at least £1 million so far to take such cases to court. Yesterday at least 10 barristers and four solicitors were in court for children's cases before Mr Justice Kelly.
"These children's rights were declared by the courts in March 1995," a barrister said, "but we're still in a position where we have to go back to the courts regularly to ensure they are enforced." In 1995 the High Court found the State constitutionally obliged to provide safe and suitable accommodation for troubled minors.
However, last July, in an innovative decision compelling the State to take all steps necessary to ensure a 24-bed, high support unit for troubled children would open at Portrane, Co Dublin, within three years, Mr Justice Kelly said it was "no exaggeration to characterise what has gone on as a scandal".
The judge has since commended the State and health boards for making more places available. However, in many children's cases places are needed urgently and are not available.
Yesterday the judge was told that no place was available in a rural centre for a troubled 16-year-old boy with a history of drug abuse, who had previously done well at that centre. The judge said every possibility had been explored and the present situation, where the boy stayed at home and attended a Dublin centre daily, was the best that could be devised.
While dealing with the case of a young girl who has a history of drug problems and who is still at large after absconding while attending hospital, the judge expressed concern that a number of children had escaped in recent weeks while in the care of staff of remand centres.
He asked both the Eastern Health Board and the State to review their security procedures.
