'We're worried that if he is back in the family home, he'll end up in trouble with gardai, himself and others'

The Children's Court/Carl O'Brien: The brain-damaged boy shuffled into the courtroom with an open mouth and a vacant stare.

The Children's Court/Carl O'Brien: The brain-damaged boy shuffled into the courtroom with an open mouth and a vacant stare.

He was wearing white paper overalls you normally see on forensic gardaí because he had ripped his clothes off in his prison cell the night before.

The 17-year-old from Dublin's inner city, who has the mental age of a seven- or eight-year-old, should have been in health board care.

Until yesterday, despite repeated calls for appropriate accommodation at court 55 in the Children's Court, the health authorities had said there were no suitable places available in the State.

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The boy's solicitor, Ms Sarah Molloy, listed a litany of State failures in seeking to provide a place for the boy, who has been mentally handicapped following a car crash involving a stolen vehicle three years ago.

Then, she said, after spending four weeks in jail, the health board had sent a letter to her just days ago identifying at least three potential units in the country for him.

"I find it surprising that this letter should come on the day he is due before the court," Ms Molloy said. "It would appear these were last-minute calls made so they could cover themselves and say they had done a certain amount of work in finding a place."

She speculated that perhaps the South Western Area Health Board had been waiting until he reached 18 years of age, after which time the State has no obligation to provide care for him. However, no health board official was in court to provide an explanation.

The board had earlier suggested two places in England for the boy, a psychiatric unit in London and a secure unit in Leeds.

Judge Catherine Murphy, in concerned tones, pointed out that one was unsuitable given that he did not have a psychiatric illness, while there were question marks over whether the other facility was fully secure.

She then turned to the boy and, speaking more slowly, said: "I'm very sorry about this. I have to make an order that you stay another week in Cloverhill. Ms Molloy will do everything in her power to see if something is available . . . I do this with the greatest of reluctance."

The boy, who attempted to harm himself while in jail, responded with some brief, indecipherable words.

The judge ruled that in a week, a health board official should appear before the court to explain what options were available for the boy.

As he was led towards the cells by gardaí, she addressed the courtroom. "This is a particularly sad case," she said, noting that his mother died just over a year ago.

The boy first began to show signs of difficult behaviour when he was around five. After missing out on much of his primary education, he was sent to a residential centre in Co Tipperary. By 15 he was detained in St Patrick's Institution. A year later he suffered brain injuries after he was involved in a crash in a stolen car.

When he was released from another period of detention, in Ballydowd special care centre, his mother died from cancer. His father suffered from alcoholism. He ended up staying with his older sister, a prostitute, and her partner, a drug dealer.

"We're worried that if he is back in the family home, he'll end up in trouble with gardaí, himself and others," Ms Molloy said. "This is an exceptional case. But the sad thing is there are hundreds of children who also have horrendous needs, which would make hairs stand up on the back of your neck."