A judge of the Juvenile Court in Dublin has released a 14-yearold boy in need of care, who pleaded guilty to two charges, because there is no suitable place to detain him. The boy, who cannot be named for legal reasons, was being held at Oberstown Boys' Centre in Lusk, Co
Dublin. He alleged he had been sexually abused by another boy there, who was subsequently convicted of charges involving sexual abuse.
That allegation is being investigated by the management of the home and gardai in Lusk.
An Eastern Health Board (EHB) social worker said the boy could be sent back to Oberstown. But the centre's director, Mr Michael
O'Connor, said Oberstown was not suitable as the boy was not of the
"same delinquent type as the boys at Oberstown".
The boy was before the court charged with causing criminal damage to an EHB premises on March of this year, and also at Eccles Street
Eastern Health Board Hostel in June 1997, where he broke windows.
Judge J.P. McDonnell said the boy had special needs and problems recognised by all state agencies. He outlined a history which included sexual abuse by a relative.
The boy's mother went to the High Court three years ago to insist the State recognise its constitutional responsibility for her son's physical and mental well being. He was formally assessed over a period of three weeks in St Michael's Assessment Centre in April
1994. That assessment said the boy needed special education in small modules and the "calming influence of residential care".
The was no place for him and the case was litigated in the courts on the basis of reports from the School Attendance Officer in the
District Court in 1994 and the High Court the following year. A
report on the boy was sent to the Department of Education.
Evidence was given that the boy was accommodated at a number of short-term facilities, including bed-and-breakfast accommodation with
24-hour child-care workers available, and in hostels.
Judge McDonnell said a case conference was held to discuss the boy in December 1992. It agreed Oberstown Boys' Centre was not suitable for his needs.
It had emerged in court that the boy had complained of being sexually abused a month ago. The allegation was that he had been involved in an act of oral sex with another boy, who has since been convicted and given a three-year sentence.
A social worker told Judge McDonnell the EHB had unsuccessfully tried to find accommodation for the boy in a number of homes. The board was recommending he be sent to Oberstown. The centre was already investigating the allegation of sexual abuse and had separated the two boys.
The judge said he was satisfied Oberstown was not suitable for the boy. There was nowhere else to send him, he said. "He needs a secure, therapeutic establishment and no such place is available."
Judge McDonnell said he was making no order as no suitable place was available, and the boy was free to leave.
Following the hearing, the boy's mother said she would go to the
High Court. Her son was now homeless as he could not go home - he caused friction in the home. He had been abused since he was four. He had been diagnosed as hyperactive and lacked concentration.
After discussions with social workers it emerged that the Eastern
Health Board was seeking emergency accommodation for two nights.