Tusla to meet contempt allegations ‘head-on’, High Court told

Tusla will meet “head-on” allegations against it in a High Court case seeking to find it is in contempt of an order for a teenage boy to be detained by it in special care.

The child and family agency’s senior counsel, Feichín McDonagh, told the court on Wednesday that there are a lot of issues in the case, which seeks “extraordinary relief” against his client.

In support of their application, the applicant’s lawyers have cited a ruling from Britain’s House of Lords as they could not find any instance of an agency of the Irish State being brought to court for alleged contempt.

Mr McDonagh said the Irish Constitution might affect that sort of case if it was brought here.

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The application is being pursued by the teenager suing through his mother, neither of whom can be identified.

They allege Tusla is in contempt of a December 2023 court order for the boy to be admitted to a special care unit, which is a specialist setting designed to address a child’s risk of harm.

Tusla has pointed to its staffing crisis in special care which it says is preventing the designated units from operating at full capacity. It says it does not have space for the boy.

The court heard previously this boy, who has conditions arising out of childhood trauma, has been at “very serious risk” for about four months due to his cocaine dealing, drug addiction, absconding from State residential care and rough sleeping.

It is also alleged he has been assaulted, threatened and exposed to sexual and physical abuse.

He has previously been in special care, but his situation declined quickly after his release.

The applicant’s senior counsel, Michael Lynn, told the court previously that the application is made reluctantly. They are not seeking the attachment and committal to prison of a Tusla representative over the alleged contempt.

Instead, a finding of contempt by itself would be “of grave seriousness” and should have a “very substantial effect” on the agency, said Mr Lynn, appearing with Brendan Hennessy.

On Wednesday, he reiterated his view that the case is “extremely urgent”.

Mr McDonagh, with Sarah McKechnie, for the boy and his mother, said that while there is urgency related to the boy’s situation, it is “not clear” what role this case will play in resolving that.

There is nothing sought by the applicants that can “create a special care bed”, he said.

Mr Justice John Jordan set out timelines for the parties to exchange documents and file motions. He adjourned the case for three weeks.

He previously indicated he is reluctant to hear the contempt application before the Supreme Court rules on two separate appeals that will likely be instructive.

Last month, the Supreme Court heard Tusla’s appeals seeking to overturn Mr Justice Jordan’s special care orders for two 16-year-olds whose lives were at risk.

The agency had been compelled by another judge’s earlier ruling (which is also under appeal) to apply for the orders which, Tusla argued, should not have been granted as they were “impossible” to comply with.

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