Boy (14) who is not mentally ill must stay in psychiatric unit or he will be homeless, judge says

A teenage boy must remain in an adolescent psychiatric unit despite not being mentally ill because he will otherwise become homeless, a High Court judge has decided.

The 14-year-old has been in the high-dependency unit (HDU) since mid-June after an incident where he allegedly threatened his mother and a sibling with a knife. Gardaí were called and, after a stand-off lasting about two hours, the boy was Tasered and taken to hospital.

He was later admitted to a Child and Adolescent Mental Health Services (Camhs) unit and, following assessment the next day, was deemed to have no mental illness, barrister Ciara Dowd, for the HSE, outlined. She said his family are concerned for their safety and are not willing to have him return home.

The case came before Mr Justice Conor Dignam this week via an application by the HSE, in intended wardship proceedings, for an interim order continuing the boy’s placement in the unit. The judge said a long stay in an acute setting is not appropriate for the teenager and it is “imperative” that an appropriate place is found for him.

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Ms Dowd said an affidavit from solicitor Katherine Kelleher, for the HSE, put reports before the court from a consultant child and adolescent psychiatrist and a forensic psychiatrist.

Following the mid-June assessment, which concluded the boy is mentally stable and has no acute mental health issues, an issue arose as to whether he was appropriately detained in the HDU, she said, adding that there had since been negotiations about him being discharged.

The view of Tusla, the child and family agency, is that the boy has a home, it does not have concerns about his care and treatment, and it is for Camhs to organise his discharge, counsel outlined.

The forensic psychiatric report concluded the boy is fit to be interviewed about the alleged knife incident but gardaí cannot do so while he remains in the psychiatric unit, counsel added. There is a “stalemate” and Camhs is of the view there is no legal basis for his detention in the unit, Ms Dowd said.

The HSE wanted the interim order continuing his placement pending further discussion with the family and also wanted the court to appoint a guardian ad litem to represent the boy’s interests, she said.

Mr Justice Dignam, noting the interim order was sought with consent of the boy’s mother, described the incident that led to the boy being brought to the unit as “serious”.

The boy had been found not to be suffering from a mental disorder, the reports have stated the unit is not appropriate for him and they outlined “very serious welfare and legal concerns” about a prolonged placement there, he said.

His mother does not want him back home because of the threat he represents, the judge said. The combination of factors meant, if he was not left in the unit, he would be homeless, which represented a very serious risk “especially in the context of the behaviours that led to him going in there”.

Stressing it is “imperative” an appropriate place is found, he made the orders and returned the matter to later this month.