A troubled, out-of-control young boy who has witnessed a lot of violence in the home inflicted by his father on his mother was yesterday sent to a State assessment and care centre by order of the High Court.
Mr Justice Kelly was told the 12-year-old boy's mother could no longer control him and believed he would be better off in a special residential school. She feared for his safety otherwise.
The judge granted leave to Mr Cormac Corrigan SC, for the boy, to seek orders by way of judicial review directing the Eastern Health Board and the State to provide suitable education and residential care for the child.
He directed that the boy be sent to a State assessment centre until January 9th, when he would go to a residential school. He put the matter in for review on January 17th. Mr Justice Kelly said he was satisfied that the boy needed to be detained for his own welfare.
In an affidavit, Mr Pol O Murchu, solicitor for the child, said the boy had considerable educational and behavioural difficulties.
He was almost illiterate. He had been assessed while under remand by order of the Children's Court. He had been charged with a number of criminal offences, including causing malicious damage to cars.
Mr O Murchu said a psychological report indicated that the boy's educational needs would be best met in a special residential school.
Mr O Murchu said he had written to the Eastern Health Board and several Ministers seeking a suitable residential place for the child but had not received any adequate response. He said the boy had temporarily lived in a Dublin hostel in early 1999 and had entered there on a voluntary basis as a result of efforts by his mother.
In view of the child's behavioural difficulties, his mother could not adequately protect his welfare without assistance, Mr O Murchu said.
Despite her violent marital relationship, she had made considerable efforts to protect and promote her son's welfare. The boy had absconded from the hostel on a number of occasions at considerable risk to his health and safety.