Measures by health bodies to lower risks to children

Three health boards have undertaken before the High Court to implement measures aimed at minimising the risks to children who abscond from health board care.

The measures include the appointment of liaison officers to deal specifically and on a 24-hour basis with the cases of children who abscond.

The undertakings are in accordance with a ruling recently given by Mr Justice Kelly following his inquiry into the circumstances surrounding the escape of Kim O'Donovan (15) on July 28th, 2000, while in health board care and the steps taken to find her prior to her being found dead, of a heroin overdose, in a Dublin city centre B&B on August 24th, 2000.

During his ruling of October 12th, the judge was critical of the East Coast Area Health Board's handling of some matters relating to the girl's absconding, including the failure to tell garda∅ that Ms O'Donovan had said in a letter, received by the judge on July 29th, that she was staying in B&B accommodation.

Mr Justice Kelly said he would, when dealing with applications from health boards and others for court orders detaining children, require a number of undertakings.

These included undertakings that detention orders must not be varied without prior court leave and that no impediments should be placed on any communications from children to the court.

Counsel for the boards in the area of the Eastern Regional Health Authority - the ECAHB, the Northern Area Health Board, and the South Western Area Health Board - had said he required time to take instructions from his clients and the matter was returned to yesterday.

Mr Patrick MacEntee SC, for the boards, told the judge yesterday his clients were in a position to give the undertakings which would relate to four children now detained in Ballydowd special care unit and to future applications.

The boards undertook, when applying to vary detention orders so as to permit a child to leave care units unsupervised, whether for work, education or recreation, to file affidavits setting out all relevant information concerning the plans for that child and what protections, liaison and supervision were in place.

They also undertook when a child absconds to appoint as soon as possible a named liaison officer who would be available on a 24-hour basis and who would deal with a Garda liaison officer regarding the matter.

This was already the subject of a protocol within the boards, counsel said.

A further undertaking means the boards will pass on to High Court judges any communications which children wish to make with the judges.

This matter has been for some time subject to a protocol, Mr MacEntee said.

Mr Justice Kelly said he was glad counsel was in a position to give the undertakings.