A High Court judge has granted a civil restraining order against the violent partner of a child whom he had ordered should be in special care for her own safety, but for whom there was no bed.
Taking the unusual measure on Monday, Mr Justice John Jordan said it was “utterly absurd” that Tusla “finds itself having to come into court to seek that kind of order”.
The case brings to four the number of children in respect of whom Mr Justice Jordan has recently ordered should be detained in special care, the most secure form of care, but who cannot access beds.
Of 26 existing beds, just 15 are operational due to severe difficulties recruiting and retaining special care staff.
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On Monday the judge said “relevant” Government departments “need to start listening and hearing about the predicament of these children” whose lives were “being destroyed by what is being allowed to happen” to them when they should be in special care.
It “cannot be” that “[Tusla] and the executive and relevant Government departments are not in a position to sort out this problem”, he said.
The court heard the girl was at risk of extreme violence from her current partner and had received threats from another person. She was thought to be using crack cocaine and was abusing alcohol.
She is currently in a Tusla placement, and there had been threats to “come to her present setting with balaclavas” and threats to “torch” her family home.
Brendan Hennessy, barrister for her father, said he was “exceptionally concerned” for his daughter’s safety and wants her in special care “as soon as possible”.
“This is a terrible situation,” said the judge. “There is clear evidence of the risk to this poor girl and at the same time say we have no bed.”
Paul Gunning, for Tusla, applied for a civil restraining order to “ameliorate” the situation.
Mr Justice Jordan granted an interim order, saying he was satisfied her welfare was at risk because of the partner’s threatening, controlling and violent behaviour towards her.
Separately, an order was made in respect of a young teenage boy involved in the manufacture and selling of crack cocaine and using cocaine and cannabis. He was not being treated for his ADHD as a result.
He “spends significant time away from placement”, said Sarah McKechnie, for Tusla, and gardaí “believe he is being exploited by gangs”.
Mr Justice Jordan asked Ms McKechnie what was “the point” of her coming to court seeking special care orders and not complying with them.
The judge said: “[This] is a young child who needs help and . . . it cannot be the position that [Tusla] and the relevant State department can thumb their nose at the special care order granted by this court.”
