High Court asked to compel Tusla to decide special care needed for troubled teenager

The High Court is being asked to force Tusla to officially determine that a troubled 15-year-old boy who threatened to kill his mother and sibling requires a place in one of three special care units in the State.

The teenager, who is in State care, has stayed in more than 20 different emergency accommodation placements since last February, the court heard.

The boy’s court-appointed “guardian ad litem”, whose role it is to represent his interests in court proceedings, has brought a High Court action seeking to compel Tusla to formally decide that he requires a place in special care and to apply for an order placing him at such a unit.

Special care, which is designed as a specialist setting to address a child’s behaviour and risk of harm, is delivered at three centres around the State.

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The case comes amid a staffing crisis in special care, the guardian ad litem’s senior counsel, Patricia Brazil, told the court on Monday.

In recent similar cases, concerning two vulnerable 16-year-olds, the Child and Family Agency (Tusla) told the court its three units have physical capacity for 26 children but, due to staff shortages rather than financial constraints, only 14 beds are available, all of which are occupied.

There is also a “chronic lack” of appropriate “step-down” placements, which is affecting the agency’s ability to move children on from special care, it said.

In those two cases, the High Court’s Mr Justice Mark Heslin last month ordered Tusla to comply with its statutory obligations to formally “determine” whether the children require special care and to apply to the court for an order placing them in a unit.

He said the teenagers suffered “grave harm” as a result of “egregious and extreme” delay in seeking to place them in special care, which Tusla did not suggest they do not need.

Ms Brazil told the court on Monday, while only her side was represented in court, that her action cites this judgment, which is under appeal.

In the case of the 15-year-old boy, she said, a committee has already decided he needs special care, but a formal determination must follow.

Ms Justice Niamh Hyland gave permission for the action to be brought in the High Court before adjourning it for two weeks.

The 15-year-old’s guardian ad litem alleges Tusla is breaching its statutory duty by failing to apply to the High Court for a special care order for the boy.

The teenager, who has attention deficit hyperactivity disorder and oppositional defiant disorder, allegedly became known to the agency about five years ago when his behaviour, including drug use, became a challenge for his school. The guardian says there have been various allegations of physical abuse by the boy’s father towards him and domestic violence claims between his parents.

There have also been concerns about physical arguments between the teen and his mother, the guardian said. These include an alleged incident where the boy grabbed his mother by the throat and threatened to kill her and another occasion where he had a split lip following a physical fight with her.

The guardian also outlined alleged incidents of the boy smearing urine and faeces in his room, selling drugs in school and routinely going missing.

The teen was removed from his home earlier this year under the Child Care Act of 1991 after he threatened to kill his mother and sibling, the case alleges. Later he expressed suicidal ideation and threatened to harm himself, it is claimed.

He has been in more than 20 special emergency accommodation placements since February, with most discharging him due to him allegedly causing significant property damage, the guardian says. He has also seriously assaulted staff members who are caring for him, including punching one worker in the face and arms, causing nerve damage, the case claims.

The guardian says she is very concerned for his safety and welfare.