Judge expedites hearing date for father’s ‘exceptionally urgent’ challenge to Tusla decision

High Court Reporters

A High Court judge has fixed an expedited hearing date for a father’s “exceptionally urgent” challenge to Tusla’s decision not to place his teenage son in secure State care after finding he does not meet the criteria.

The boy is allegedly involved in crime and drug use, associates with gang leaders and may be in danger due to having witnessed a murder, the man said.

In a sworn statement to the court, the father said he believes there is a real and substantial risk of harm to his son’s life, health, safety, development and welfare.

Seeking a hearing date, Brendan Hennessy BL, appearing for the father and instructed by Patrick O’Neill of O’Neill Litigation Solicitor, said on Tuesday the case was an “exceptionally urgent” one. “It’s a matter of life or death,” he said.

Ms Justice Mary Rose Gearty said the father’s case could be heard on March 7th. Ms Justice Sara Phelan granted leave last Friday (February 17th) for the man to bring the judicial review proceedings against Tusla.

Among various orders and declarations sought, the man wants an order compelling Tusla to seek a special care place for his son and a declaration that the failure to do so breaches his constitutional rights, including his right to life.

Highly troubled and vulnerable children aged 11 to 17 can be detained in a special care unit on foot of a High Court order sought by Tusla, the Child and Family Agency.

Staffing shortages mean that the agency often cannot comply with special care detention orders, however.

According to his father, the boy routinely engages in “extremely high-risk and chaotic” behaviour, has been charged with criminal offences including burglary and theft, and was arrested while travelling in a stolen car being driven the wrong way down a motorway.

He believes that his son witnessed a murder and has been spoken to by gardaí in relation to it, the man said.

He said his son’s behaviour is getting worse, and has been associating with “hardened criminals” from an organised crime group.

The man said Tusla is “well aware” of his son’s “chaotic” lifestyle. He described as “baffling” the agency’s decision, following a special care committee meeting, that the boy did not meet the criteria for a special care intervention.

The minutes of a special care committee meeting about his son recorded there was “a need to try a robust residential placement to try managing his behaviour prior to making a referral to special care”. It described special care as “a method of last resort”.

The committee was of the view that all community options “have not yet been exhausted”.

The man said he is concerned that Tusla will not apply to the High Court for a special care place for his son because of the lack of special care beds available in the State.