The State and Eastern Health Board admitted in the High Court yesterday that they have no suitable place for a 16-year-old out-of-control and vulnerable boy who was sent last week to St Patrick's Institution because there was no other option available.
Mr Justice Kelly also heard that three centres dealing with troubled children, Oberstown House, Trinity House and St Michael's Assessment Centre, have to reject almost on a daily basis requests from the courts, gardai and probation officers to accommodate child offenders and children on remand because of insufficient places.
Staff members attached to all three centres told the judge of their difficulties in trying to deal with large numbers of children seeking places in a situation where there simply are not enough places available.
Evidence regarding what proposals are being advanced by the EHB and the State to meet the short-term needs of troubled children was requested by the judge last week when he was dealing with this case.
The judge directed the boy be detained at St Patrick's Institution after being told a hostel arrangement for the boy had broken down and he had begun abusing heroin. St Patrick's was not appropriate, but the only other option was the streets, the judge said when making the order.
When the case again came before the court yesterday, Mr Patrick MacEntee SC, for the EHB, said the board had no alternative proposal to put before the court regarding the child. He said the board was experiencing grave staffing problems at its high support unit at Newtown House and it did not consider that centre or Killinarden high support unit suitable.
It was little consolation that the Ballydowd high support unit, due to open in April 2000, would be suitable to this child's needs, counsel said.
Mr Aindrias O'Caoimh SC, for the Minister for Education, said he had reports for the court on the situation at Oberstown House and Trinity House and also had witnesses from these and other centres. He said the difficulties experienced by these centres were outlined in the reports.
Mr Justice Kelly said that, as he read the reports, it did not seem the State had any proposal regarding the boy. Counsel agreed that was the position.
Mr O'Caoimh said the State and the centres such as Oberstown were making heroic efforts to facilitate the EHB in circumstances where it was dealing with children on an emergency basis. He said legislation had been framed on the basis of the EHB meeting the needs of such children.
Mr Brian Hogan, a unit manager at Oberstown House, said it was in a situation where it was trying to meet the needs of boys convicted on criminal charges including sex offences and manslaughter and others referred by the courts who were not convicted, vulnerable and required high-support care.
It was almost impossible to provide in one unit the two very different programmes required by both categories of boy, Mr Hogan said. There were presently no places available at Oberstown for either category.
He said some of those boys referred to Oberstown by the High Court were not appropriately placed but the centre was doing its best for them. Some of these boys were vulnerable and easily led, and it was likely some would be damaged by remaining in Oberstown.
Mr Hogan said Oberstown has numerous requests for beds from the courts which it has to turn down. Because some boys were being sent to Oberstown in situations where there were no high-support places available for them, Oberstown often had no beds available for the type of offender whom it was best placed to deal with. He said this problem had been ongoing for some 18 months.
Mr Michael O'Connor, director of Oberstown, said proposals by the former minister for children, Mr Austin Currie, to increase the number of places at Oberstown from 30 to 46 and at Trinity House from 30 to 38 had not yet been put in effect but the present Government did intend to do so. The court also heard that high-support units at Ballydowd, Lucan, and Portrane in north Dublin are due to come on stream in April 2000 and early 2001 respectively.
The hearing continues today.
