Courts

Judge hails ‘vastly improved situation’ for at-risk teen transferred to UK

Girl had been sent to a British unit because there were no places for her in an Irish special care centre

The High Court had heard the teenager, who is under the State’s care, was regularly absconding from her residential placement, misusing substances and the victim of coercion and suspected exploitation.

Ellen O'Riordan
Thu May 9 2024 - 16:37

A gravely at-risk teenage girl sent to a specialist secure unit in Britain due to a shortage of Irish places is now engaging in education and planning for her future, the High Court has heard.

Mr Justice Mark Heslin recently permitted the transfer after hearing the teenager, who is under the State’s care, was regularly absconding from her residential placement, misusing substances and the victim of coercion and suspected exploitation.

He noted An Garda Síochána is investigating men who were, it appears, exploiting her in “the most appalling manner”.

Tusla, the Child and Family Agency, had asked for the transfer and placement order as it could not detain the girl in an Irish special care unit due to a lack of available places. The staffing crisis in special care has been raised in numerous court applications pertaining to highly vulnerable children aged 12 to 17 who require court-sanctioned detention in a therapeutic setting to protect their lives, safety and welfare.

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Mr Justice Heslin’s colleague who leads the High Court’s special care list said last month it was “disgraceful” that the girl had to be sent abroad because there was no appropriate place for her here.

Mr Justice John Jordan had made an order for her detention in an Irish unit, but it could not be given effect to due to place shortages. That judge noted there were at that point eight highly at-risk children who have not entered special care despite him having made orders for their detention.

In making the order for the girl’s transfer to Britain by private aircraft, Mr Justice Heslin noted there was “simply no alternative” Irish place that would keep the girl safe. The order was essential to vindicate her constitutional rights and best interests, he found.

On Thursday, he said the evidence before him “paints a picture of a vastly improved situation” and the girl must be congratulated for positively engaging with the programme.

He said he hopes she can see this short-term position as a chance to gain skills to help secure the “happier and safer life that she deserves”.

He was told she is scared, lonely and upset and wishes to return to Ireland as soon as possible. The judge emphasised that the placement is intended to be a place of safety away from those who were exploiting her. He said he understood how difficult it has been for her to be in care so far from home.

Tusla’s barrister, Sarah McKechnie, said the teenager had some difficulties settling into the new setting and is clear she wants to return to Ireland. She said the girl’s court-appointed advocate and social workers are working very hard to ensure she is happy.

Overall, the move has been successful and it is “entirely appropriate” that the teen remains at the centre, as she was at “extremely high risk” in the community.

David Leahy SC, representing the court-appointed advocate, praised the “creative and extraordinary efforts” by Tusla social workers who came up with this expensive, bespoke solution to what was a crisis.

The girl wanted to go home, probably to a residential care placement in Ireland, but it seems she is now focused on putting her head down and getting good grades, he said. While regrettable that the teen had to be sent abroad, his client was supporting the application for her continued detention in the only suitable place available.

Mr Justice Heslin acknowledged the great efforts made by those involved in the girl’s care. He considered her wishes but could not follow them as to do so would “cut across” the plan that has been very carefully designed to help her.

He was satisfied the court should not and cannot undermine the goals. He extended the placement orders and adjourned the case for a month.

Ellen O'Riordan

Ellen O'Riordan

Ellen O'Riordan is an Irish Times reporter

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