Couple secure inquiry into legality of detention of their children

A couple have secured an inquiry into the legality of the detention of their five children under orders placing them in full State care.

The care orders – effective until they reach 18 – were made before any reasons for them had been outlined by a District Court judge, the High Court was told. The children, all Irish citizens, are aged between one and 10 and the youngest has been subject of an interim care order since her birth.

Their parents claim the full care orders breach both their rights and the rights of their children under the Constitution and the European Convention on Human Rights. John Rogers SC, for the mother, said the orders were made at the District Court on November 26th last prior to any reasons being provided.

District Judge Toale had said he would provide those on December 17th, but the delay in providing reasons was prejudicial to his client’s right to progress her appeal as she required to know the reasons for the orders, counsel said. When reasons were sought from Judge Toale when the case was re-entered on December 2nd, he had said he would provide them on December 17th, but this involved failure to take into account the constitutional rights of the parents, it was submitted.

Mr Rogers secured an order on an ex parte basis from Mr Justice Seamus Noonan who directed an inquiry.