Court orders health board to care for boy

A 10-year-old boy who has no place to live and has been sleeping on the balconies of flats, in a car and in an underground car…

A 10-year-old boy who has no place to live and has been sleeping on the balconies of flats, in a car and in an underground car park yesterday secured a temporary High Court order directing a health board to provide him with a place to stay over the weekend.

The court was told the South Western Area Health Board had told a District Judge there was no place for the child and the board did not intend to seek an emergency care order in relation to him.

The President of the High Court, Mr Justice Finnegan, granted the child the temporary injunction and returned the case to Monday. Mr Gerald Durcan SC, for the boy, told the judge the child's case came before the Childrens' Court earlier yesterday when the health board representative told District Judge Miriam Malone there was no place for him and that the board did not intend to seek an emergency care order.

A solicitor for the boy had indicated he was bringing a judicial review application against the health board next Monday. Counsel said Judge Malone had not thought that was adequate and believed an application should be made to the High Court yesterday.

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Mr Durcan was granted leave to seek an order challenging the health board's decision. Mr Justice Finnegan also made an order directing the board to provide care and sustenance for the child until Monday.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times