The parents of a vulnerable teenager are “at their wits end” as there is no bed available for their child across three units, the High Court has heard. As recently as last week, a judge ordered that the teenager be taken into special care for their own safety.
There are “significant concerns” for the safety of the child who is “suicidal” with “overdose tendencies”, said Sarah McKechnie, barrister for Tusla.
“It is my understanding a bed won’t be available until in or around August 25th.”
The young person is in hospital following a recent overdose and the parents are refusing to allow them to be discharged, said Brendan Hennessy, barrister for the parents, adding this approach was “a last-ditch effort” to keep the teenager safe.
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Mr Justice John Jordan last week granted orders to Tusla in respect of three children who the agency said needed special care – the most secure form of care available – for their own safety.
No beds were available then, but two became available on Tuesday, leaving one child in crisis with no place.
“My clients can’t understand why the High Court order has not been complied with,” said Mr Hennessy.
Thursday’s sitting was the first weekly special-care list since June 19th to include a “no beds” section.
Five weeks ago, Mr Justice Jordan said it was like “winning the All-Ireland” to know every child in crisis who needed a special care bed had one. It was, he said, the “first time” in more than six months there wasn’t a “no beds” list.
“I want to see the situation which is now existing maintained,” he said, adding that he hoped he was “not tempting fate”.
On Thursday, he said it was “quite absurd that we are seeing no-bed cases reappear on the list . . . I hope that [the child] will get a bed without any further delay”.
Though there are 26 special-care beds in the State, just 16 are operational due to difficulties recruiting and retaining staff, the court heard.
Mr Hennessy said he would be issuing plenary proceedings against Tusla for its alleged failings in the child’s care.
The bed due to be available in August “isn’t guaranteed” and the child’s parents wanted the court “to utilise any tool available . . . to try to get compliance with court order”, Mr Hennessy said. He suggested a “per diem fine” be levied for every day the child was not in special care.
The judge said “trotting out a solution like per diem fines” while he was “on [his] feet” was not “how [suggested solutions] should be done”. He said “a lot of findings will have to be made“ before he could consider it.
His court had examined why 10 special care beds remained unavailable in June of last year and found inadequate staffing to be the main reason.
“It is difficult to find culpability where there is inability to solve a problem despite the best efforts of [Tusla],” he told Mr Hennessy.
“So I will consider what you said but frankly, it is not a discussion that should be had at all. [Tusla] and the relevant departments are aware of a court order in existence . . . which is not being complied with in circumstances where the State agency knows the life, safety, development and welfare of this child is in jeopardy.”
The court earlier heard one of the other children in respect of whom a special care order had been made had not been located.
The young teenager had been discharged from special care some months ago but had repeatedly absconded from their follow-on placement and was found on one occasion in an overdosed state.
“Steps are being taken to locate [them],” the court heard on Thursday.
