Tusla is “extraordinarily exposed” to future, significant compensation claims from vulnerable children harmed by its failure to provide the secure care to which they are entitled, a High Court judge has said.
Judge John Jordan made the comments as seven at-risk children he has ordered be detained in secure care, known as special care, cannot get beds.
On Monday, Tusla provided an update on four children whom the judge previously ordered be detained in special care and remain without beds, and applied for orders for three more.
Just 15 of the State’s 26 special-care beds are operational due to severe challenges recruiting and retaining staff.
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A teenager the judge previously ordered be detained in special care was being sexually abused in the community “because [they are] not in special care”, said Jordan.
“It is quite extraordinary [Tusla], which is charged with [the child’s] protection, is not going as far as it obliged by statute to go ... in order to secure [their] protection.”
In the future the child would be advised of their rights “by reason of the failings of [Tusla] causing [them] such harm,” he said.
[ Tusla could face ‘criminal liability’ over unregistered placements, court hearsOpens in new window ]
Another child the court previously ordered should be in special care was self-harming, abusing alcohol and facing criminal charges.
Multi-agency work, involving gardaí and Tusla, was focused on “keeping [the child] alive”, said Donal Ó Muircheartaigh, barrister for the child’s court-appointed advocate. “It could not be any more serious.”
Jordan said the “exposure of [Tusla] ... by reason of their failure to comply with the special care order, obtained by the agency to protect life, safety and development of [the child] is extraordinary”.
He continued: “The mind boggles as to why [Tusla] don’t do what is necessary to do to comply with the ... order.
“It is quite an extraordinary situation that a State body is leaving itself so exposed.”
He had made the order in respect of this child to “protect [them] from killing [them]self”.
“What is occurring is likely to have, and probably will have, profound repercussions for [Tusla] ... I do not know what answer there is to these young children if they survive, to them turning around to [Tusla] and saying: ‘Look what you caused to me because you did not comply with the court order you obtained.’
“I would like to hope [this order] will be complied with next week ... I have no cause for optimism in this regard.”
A fresh order was made to detain a young teenager described as “vulnerable” and taking drugs including ‘fast gas’ (nitrous oxide), ecstasy, ketamine and cocaine. The child is “involved in the production of crack cocaine”, said Jordan.
The child, who has a dysfunctional family background and witnessed and experience domestic violence, is “clearly being groomed by older peers, criminals who are having [them] do their bidding in the drugs underworld”, said Jordan, making the order.
A very young teenager “in a very precarious position in life” is taking drugs daily, heavily involved in theft and driving of cars and has “been making threats of suicide”, said Jordan ordering their detention.
The third child he ordered be in special care has experienced homelessness, parental substance abuse and domestic violence.
In several cases, the judge granted a lifting of the in-camera rule to enable plenary proceedings against Tusla for alleged contempt in failing to comply with the orders.
