A psychologist and court-appointed guardian to a troubled boy, who claims years of failure by health boards and the State to provide appropriate care for him, told the High Court yesterday that the latest offer of a place for the boy is in a unit that has yet to be registered and inspected by health board inspectors.
The guardian agreed it appeared probable the boy had resumed heroin misuse since late March, after a successful period of detoxification. He also agreed that when children were abusing drugs, there were fewer options of placements for them.
However, even when the boy was successfully detoxing last February, a bed was offered for him in a hostel frequented by drug-users, the guardian added.
The 17-year-old boy, who has effectively been cared for by health boards since he was two, was very troubled and could at times be angry about his situation, including that it had not been possible for him to live with his family, the guardian said.
He had displayed threatening behaviour at times, but could also be very courteous.
In his proceedings, the boy is seeking orders and declarations against the State and the South Western Area Health Board. He claims neither the board nor the State has met its statutory and constitutional obligations to provide appropriate accommodation, care and education for him.
The claims are denied, and the board pleads everything reasonable has been done for the boy.
The guardian said health boards had a duty to deal with children who came into their care. Such children were often emotionally turbulent and difficult to deal with, but that was the job of care workers and required particular skills. This boy, while intelligent, had only a limited insight into his drug use and was very angry.
The guardian agreed that he had not referred in direct evidence to an incident last April where the boy had thrown a plastic bottle and a cup against the wall when the guardian came in to speak to him. The guardian said he had not mentioned the incident because he was concerned that what was "being weaved" was a picture of the boy as hostile and violent.
On the occasion in question, he was confident the objects were not being thrown at him, the guardian said. He was also conscious that the boy was then undergoing a detoxification programme and it was not a good time to see him. He agreed it was probable that at that point the boy was topping up the legal methadone doses with heroin.
The guardian said he had no criticism of the social workers dealing directly with the boy.
They had done their best to solve the problem within the health board's limited resources.
The guardian agreed there was a shortage of suitably qualified childcare workers, but said it was the State's responsibility to address the issue in terms of provision and training. He agreed a bed had always been available to the boy somewhere, and when he slept on the streets it was through choice.
He was being cross-examined by Mr Patrick MacEntee SC, for the SWAHB, on the second day of the hearing of the boy's action against the board and the State.
The boy is one of 10 children of severely alcoholic parents, with marital difficulties, who are unable to care for him. His brother and sister died at the ages of 17 and 19 respectively as a result of drug overdoses. Several of his siblings have severe difficulties.
Since he was two years old, he has been in a succession of placements, many of which were described as unsuitable, including State detention centres. The case resumes on Tuesday before Mr Justice Murphy.
