Garda helicopter deployed in incident involving minor who should be in special care, court hears

High Court Reporter

A Garda helicopter was deployed in a recent incident in which a vulnerable minor subject to a High Court secure care order was a passenger in a stolen vehicle, the court has heard.

The minor in question is one of five children in the State who are not in secure care despite the existence of a court order directing Tusla, the child and family agency, to detain them in a secure care unit.

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

Of the existing 26 beds across the State’s three special care units, just 15 are operational due to severe difficulties recruiting and retaining staff.

On Monday, Mr Justice John Jordan, who manages the High Court’s special care list, reviewed the cases of the five children who are without a special care bed. The judge said Tusla’s non-compliance with special care orders was “completely and utterly” unacceptable.

The judge noted that four sets of plenary proceedings – issued on behalf of four of the children – have been brought against Tusla, seeking declarations that the agency is in contempt of court for failing to comply with the orders.

The judge said no judge should be expected to comment on and tolerate a situation where orders have been applied for, and the party that applied for the orders is failing to comply with the direction.

He noted that the orders were obtained in circumstances whereby the children faced a danger to life, safety and welfare.

He said it was “quite extraordinary” that Tusla and “the powers that be” are not “sorting this out”, referring to the agency’s long-running inability to provide special care beds for children in need.

Mr Justice Jordan said it appeared that financial constraints were not preventing “the problem being sorted out”, although he acknowledged the difficulties in recruiting sufficient staff to work within special care.

“The fact of the matter is beds are needed… the beds that are there need to be opened up,” the judge said.

In the case of one of the children without a bed, barrister Nora Ní Loinsigh, appearing for the child’s mother, said the child had recently been found to be travelling in a stolen vehicle. Gardaí deployed a helicopter in the incident involving the vehicle, counsel said.

Ms Ní Loinsigh said the level of risk to the child was extreme.

Barrister Maeve Cox, appearing for the child’s father, said her client echoed the concerns of the mother. “It is impossible to overestimate the level of risk to [them],” counsel said.

In the case of another of the children, barrister Brendan Hennessy, appearing for the child’s mother, said the case was “extremely urgent”, and stated that the minor remains actively involved in the drug trade.

Barrister Sarah McKechnie, appearing for Tusla, said the minor had appeared before the District Court earlier this month following his arrest over a breach of bail conditions.

Ms McKechnie said the District Court judge did not revoke the minor’s bail, noting that there were no beds available at Oberstown youth detention centre. Counsel said that there continues to be significant concern about the minor’s welfare.