There is no appropriate place available for a troubled teenage boy who is abusing heroin, has tried to kill himself and is regarded as a serious danger to himself and others, the High Court has been told.
The court yesterday directed that the 14-year-old boy must remain in an insecure State centre, from which he has regularly run away to mix with adult drug addicts.
Mr Justice O'Sullivan was told the boy had been recommended for placement in Ballydowd Special Care Unit at Lucan, Co Dublin, but there were no places available and nor would there be in the short to medium term. He also heard the Ballydowd unit was having difficulties and had ceased admissions for the present.
Mr Gerry Durcan SC, for the boy, said his client had been detained under a High Court order at the Finglas Child and Adolescent Centre since September last. However, the unit was insecure and he had run away some 20 times. The boy abused heroin and mixed with adult drug users. He had also tried to kill himself and took part in dangerous activities.
Counsel said expert reports described the boy as a danger to himself and others and had recommended he be placed in Ballydowd urgently. There was no place there and so all he could ask the court to do was continue the boy's placement in Finglas and ensure legal proceedings to secure a more appropriate place would be heard quickly.
Mr Durcan noted the recent Supreme Court decision in the TD case - which overturned a High Court order directing the building of units for troubled children - appeared to indicate the court could not make mandatory orders against the State in these cases.
Ms Iseult O'Malley, for the State, and Mr Francis Griffin, for the Northern Area Health Board, agreed that there was no alternative place for the boy.
Mr Justice O'Sullivan said this was a case where the court's hands were tied and there was no alternative solution. There were life threatening risks to this placement and the Supreme Court had ruled against mandatory orders. He directed the boy remain at the Finglas centre and legal documents be exchanged between the parties.
In another case yesterday, the South Western Area Health Board failed in an application to Mr Justice Ó Caoimh not to return to the Ballydowd unit an extremely disturbed boy for whom no alternative placement was suggested.
On Friday, Mr Justice Finnegan granted an application by the board to discharge the boy from Ballydowd on grounds related to alleged assaults by the boy against care staff and gardaí and alleged criminal damage to the unit.
On Friday, Mr Justice Finnegan directed the boy be detained in St Patrick's Institution but stressed it was a short term option and returned the case to yesterday.
When the matter came before Mr Justice Ó Caoimh he said he would be very unhappy to continue the boy's detention in St Patrick's for any length of time. He ordered the boy be returned to Ballydowd. However, if he assaulted staff or caused physical damage, the Ballydowd authorities could return him to St Patrick's.
