Judge says success of children in special care illustrates loss of those who cannot access it

A boy who entered special care as a “frightened, unhealthy young person” has emerged as “a formidable and ambitious, articulate young writer and artist”, the High Court has heard. Another “good news story on the special care list” will see a girl who had experienced sexual exploitation and neglect discharged from the most secure form of care in the coming weeks. She is now “a much happier person” who “loves going to school”. On Monday, Judge John Jordan said staff working in the sector deserved full credit for the positive impact they had on children who can access beds.

Special care is the most secure form of care, where children aged 11 to 17 whose behaviours put their lives and welfare at risk may be detained by High Court order for therapeutic interventions. Though 26 special care beds exist, just 12 are operational due to challenges recruiting and retaining staff. Four highly vulnerable children, whom Jordan ordered be detained in special care in recent weeks, have not been able to access beds. Referring to the “success story” cases, the judge said: “Those involved in [the girl’s care] deserve full credit for the love and care and attention they showed her.

“The care and attention [she] has received in special care illustrates the loss which the four children [whom the court heard remained unable to access special care] are at because that is not afforded to them and they are suffering as a result.” He said each child now ready to progress would continue to need intensive supports as they moved into aftercare placements. [ Judge orders ‘highly vulnerable’ boy to be held in detention Opens in new window ] The boy, whom he met at his unit on Monday, was “overwhelmed” at moving to a placement more than 100km from his home, said the judge.

He needed reassurances about his concerns “so that things don’t go the wrong direction”. The adolescent, who suffered significant trauma before special care, was “excelling at school, woodwork, art, chess ... He is hugely talented as an artist. He has worked hard [and] his is a good news story,” said Jordan. A teenager who recently “aged out” of special care – being discharged on turning 18 – had “deteriorated” and been “failed by the system” the judge said.

Barrister Alan Brady, for the boy’s court-appointed advocate, said it was “very disappointing” the young person had only a short period in special care, having been unable to get a bed for months despite an order to detain him. He has since “picked up” criminal charges. “It feels like special care came too late,” said Brady. “This young man was failed by the system,” said the judge. “He was almost as long on the no-beds list as he was in special care even though [Tusla] recognised he needed a bed.” [ Judgment in default entered against 130 Christian Brothers in sex abuse damages case Opens in new window ] Four sets of alleged contempt proceedings are in train against Tusla for failing to provide special care beds to children.

The court heard two boys were being groomed into criminality, using drugs and running up drug debts. Two girls, one aged 14, were being sexually exploited by multiple adult men. Counsel for Tusla confirmed that in each case, beds were no closer to being available. “The situation in which these children are, [is that they are] being left by the State – helpless, vulnerable, being exploited, suffering harm hour by hour when they should be in special care units,” said the judge.

“This is a problem that is not without solution, and the problem needs to be solved by the executive in collaboration with Tusla.” He lifted the in camera rule, which protects the privacy of the children, to allow papers in their cases to be used in contempt proceedings.