11-year-old must remain in therapeutic unit - judge

A boy, whose mother was an in-patient in a psychiatric hospital and whose father had abandoned him, is to remain in a therapeutic…

A boy, whose mother was an in-patient in a psychiatric hospital and whose father had abandoned him, is to remain in a therapeutic unit, the High Court decided yesterday.

The court heard the 11-year-old boy had strong loyalty to his mother.

However, Mr Justice Kelly was told, the mother had made strong efforts to tackle her alcohol problem and had not taken alcohol for two months. It was said she needed ongoing medical attention for her mental health and alcohol problems but hoped to be discharged soon.

The boy's father wanted no contact with his child and was in a new relationship, the court heard.

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The boy, his brother and two sisters, were placed in voluntary care by their mother in July 2000. The boy was later made subject of a care order and had a number of foster placements which broke down. He was then moved to the controlled therapeutic unit but escaped last July. He was found some two weeks later in England where he and his mother, who was said to have been drinking heavily, had presented themselves under false names as homeless persons seeking social welfare benefits.

On being brought back, the boy absconded at Dublin Airport, but was found two days later in Co Louth.

The boy had been detained in the controlled therapeutic unit since July. When the case was reviewed yesterday, Mr Justice Kelly was told the boy had made no attempt to abscond since and was aware that any chance he had of going back to live with his mother or moving to a less secure unit depended on his behaviour.

It would be three to six months before there might be full rehabilitation of the mother, the court heard. Mr Justice Kelly said the boy had a long history of abnormal family circumstances but had made progress.

The judge directed that the boy remain at the unit but with off-campus supervised trips to his mother when she was freed from the hospital, provided her circumstances were conducive to the boy's benefit. He returned the matter for review on February 18th.

Also yesterday the judge heard there was still no place available in Ballydowd special care unit for a disturbed 16-year-old boy who has been inappropriately placed in a State remand centre for almost a year.

Staff had told the court it was not suitable for the boy but, in the absence of any alternative, Mr Justice Kelly said he had to direct the boy remain there.

Yesterday, the judge was told the Midland Health Board would have a place available in an insecure unit from next January. The judge directed the boy should be moved to a less controlled part of the remand centre pending the move to the MHB in January.

He also made orders aimed at allowing the boy, whose parents have no involvement with him, visit his grandmother, initially on a supervised basis.

If the boy absconded, the judge warned he would not contemplate returning the boy to "preventive detention" in the State centre.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times