Judge criticises holding of 12-year-old in remand centre

A high Court judge said yesterday it was "simply not good enough" that a 12-year-old "atrisk" child was being held in a remand centre with convicted offenders because there was no appropriate accommodation for him.

Mr Justice Kelly was dealing with a number of cases of troubled children for whom there was also no suitable accommodation.

Last July, the judge made an order compelling the State to ensure a 24-bed High Support Unit (HSU) for such children would be built and opened at Portrane, Co Dublin, within three years.

He said the failure to provide appropriate accommodation for such children was a scandal. Some 60 places were required but more than three years after the High Court found the State has a constitutional obligation to provide suitable accommodation, just 18 places were available.

The judge's order was granted to a boy then detained in Oberstown House remand centre. Yesterday, the court heard the boy remained there because there was no other place for him.

In another case yesterday, Mr Gerard Durcan SC, for a 12-yearold boy, said his client was held at St Michael's House remand centre although all the experts agreed this was not an appropriate place for him and he should be in a HSU.

Mr Patrick MacEntee SC, for the Eastern Health Board, said it accepted the boy should be in a HSU but there were no places.

Mr Justice Kelly said he required more information from the board and would list the matter for Friday. The boy would remain at St Michael's for the present but, the judge said, it was "simply not good enough that a 12-year-old child should be in a remand centre".

In another case, the court was told it had been hoped that a 15year-old boy, now in Oberstown House remand centre, would have been moved to more suitable accommodation in a HSU last month. But a place had not become available.

Mr MacEntee told the judge a minor with "even greater needs" had had to be placed in the HSU.

But, counsel said, a substantial sum of money had been allocated to develop a "half-way house" next year for children being freed from certain units and this would free places at the EHB units at Newtown House and Killinarden.

Mr Durcan , for the 15-year-old, said the situation was "very unsatisfactory". His client was in Oberstown with convicted or charged persons and it was not an appropriate place for him. This was "literally a holding mechanism" and not a long-term solution and the boy's parents were very concerned that he was in an institution for criminal offenders.

Mr Justice Kelly said he was not prepared to make an order authorising the long-term detention of the boy in Oberstown. However, he directed the boy remain there for now. He would review the matter on Friday.