A very troubled youth who, when aged seven, said there was "no point to life", is to remain in a specialised UK unit for continuing treatment, the president of the High Court has ordered.
Mr Justice Peter Kelly, who has expressed concern a number of times over the potential impact of Brexit on Irish wards of court placed in UK units, was told the HSE expects to have an opinion from an English QC on that issue next month.
The judge’s concerns arise because Irish wards of court are detained in the UK on foot of orders made by the UK courts under European legislation.
The issue came up again on Monday when the judge was dealing with the youth’s case.
A ward of court, the youth has a neurodevelopmental disorder and has been in the UK unit since last summer. That placement was made arising from serious concerns about him, including that he had engaged in an act of self-mutilation and also talked of a desire to kill his younger siblings.
On Monday, the judge heard lawyers for the boy’s parents, the general solicitor for wards of court and the HSE all consider he is appropriately placed in the UK unit but the parents had some concerns about the impact of a particular medication.
His doctors considered some progress has been made with that medication and, despite certain other issues, they seemed to have “got through to him” in some form.
The judge said he was reluctant to intervene with treatment doctors considered appropriate but the parents could raise the issue again if their concerns persisted.
He was told further examinations are to be carried out and there was an issue of a possible future referral to a service here if that is assessed as appropriate.
Clarity
The judge said the youth is detained in the UK under European legislation and he wanted clarity of those orders in the context of Brexit. The court did not wish to be told on March 29th all the relevant orders are spent and the wards have to be brought back to Ireland to "non-existent facilities".
He was told the HSE expects to have an opinion on December 10th next from an English QC on the Brexit concerns.
In his ruling, the judge said this case concerned a very troubled young man who was placed in the UK over concerns of self harm, threats to kill younger siblings and that he may be developing a mental illness.
The parents are very concerned and very supportive of him and his mother had seen he had problems from the age of seven, including saying there was “no point to life”.
The youth was considered as having an underlying neurodevelopmental disorder which was diagnosed when he was aged 13 and which remains his central problem, the judge noted. Among other things, he had talked of wanting to live in space away from people.
When he went into the UK unit, he had voiced disturbing thoughts but has never been violent, the judge added. There was no evidence of affective or psychotic disorder.
The relevant services here may not have the skill sets to care for him but further examinations have to be held in that regard, the judge noted. As of now, all sides agreed he was appropriately placed in the UK unit and those orders should continue.
