Judge hails special care progress as ‘no beds’ list drops to zero

First clear list in more than six months like ‘winning the All-Ireland’, High Court judge says

A girl who entered special care ‘as a very damaged young person’ and who left recently was doing ‘very, very well’, the court heard. Photograph: iStock
A girl who entered special care ‘as a very damaged young person’ and who left recently was doing ‘very, very well’, the court heard. Photograph: iStock

It was like “winning the All-Ireland” to know every child in crisis who needed a secure care bed had one, a High Court judge has said.

For the “first time” in more than six months there was no “no beds” list, said Mr Justice John Jordan on Thursday as he opened his court.

Mr Justice Jordan hears cases of children who, for their own safety or that of others, need to be detained by order in secure care, also known as special care.

His weekly sitting reviews updates on children in special care and Tusla applications for special care orders in respect of children about whom it has serious concerns.

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Though 26 special care beds exist in three units, just 16 are operational due to staff shortages, leading to children in respect of whom orders have been made being left without beds. Their cases are included on the “no beds” list.

“For the first time in a long time, six months-plus, absent from the list is the ‘no beds’ section,” said the judge.

It meant “all the special care order are now effective – not before time”.

“I want to credit those who have achieved [what some weeks ago it seemed] might be impossible. I am not quite sure how it has been achieved but I am hoping this situation will be maintained ... It something I have been hoping for, for a long period. It’s right up there with winning the All-Ireland.”

He did “not want to see a ‘no bed’ section on the list again. I want to see the situation which is now existing maintained.” He hoped he was “not tempting fate”, he said.

Hundreds of children waiting more than a year to access mental health servicesOpens in new window ]

A girl who entered special care “as a very damaged young person” and who left recently was doing “very, very well”, the court heard. She is now in aftercare, and Tusla was working “extremely hard” to ensure a horse with whom she had a strong therapeutic relationship could move with her.

The judge said Tusla “deserves credit” and agreed the horse must be accessible to the girl. “In this list equine therapy has frequently proved more beneficial than the other interventions or therapies provided to children.

“This is one very clear illustration of the benefits of involvement in horses for children – because of the success of involvement between [the girl and the horse] it is important that this situation continue.”

In the case of a 17-year-old boy who will have to leave special care on reaching 18, Tusla remains unable to identify an onward placement. The boy has set fires in his unit and remains “anxious” about what will happen when he reaches his majority, the court heard.

Of 15 potential private aftercare providers identified, none was “in a position to offer a place”, said counsel for Tusla. There was a lack of clarity as to whether he had a borderline or mild intellectual disability. The latter will entitle him to adult HSE disability services.

Counsel for his grandmother said she was “very concerned as to what the future holds”.

“She is ... anxious that he receives the benefit of every service and input that can be given to him ... She wants the throw the kitchen sink at this to give [him] every opportunity and chance at life as he turns 18,” the court heard.

Listing the case for July 10th, Mr Justice Jordan said he wanted “to know more about the mild vs borderline discussion and the consequences of either in terms of services available”.

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Kitty Holland

Kitty Holland

Kitty Holland is Social Affairs Correspondent of The Irish Times