The mother of a 17-year-old youth described as a "very worrying young man" living in a "sexual fantasy inner world" has taken High Court proceedings against the Health Service Executive (HSE) and the State aimed at securing a suitable residential place and appropriate therapies for him, whether here or in England.
Marc de Blacam SC, for the boy's mother, told Mr Justice Michael Hanna yesterday he had never seen a case like this one. The boy's needs were overwhelming.
The mother, who is separated, said in an affidavit that she has had to watch the boy 24 hours a day and has no one with whom to share this burden. Her son was awaiting trial before the Circuit Criminal Court. In her affidavit, the mother said that, on return from school each day, neither she nor the boy leave the house except to do messages or visit her mother.
She was informed by a teacher in the boy's school in 2002 that he was exposing himself to other pupils. Before the telephone call she had no idea her son was acting in this manner. She contacted the health board and was visited by two persons but did not hear back from them.
She contacted her GP and was referred to a psychologist who reported that he had "serious concerns" that the boy "could be a significant risk to children, adolescents and adult women". He added that the youth needed a specialist approach, a lengthy programme, with regular monitoring and review.
Her son had been charged with a number of offences arising out of alleged incidents when it was alleged he sexually assaulted two girls aged 14 and 15 years and other offences arising out of alleged indecent exposure and of committing an act of a lewd, obscene and disgusting nature and outraging public decency.
He was accepted on to a programme which provided treatment for adolescent boys who have sexually abused, but a psychiatric report in July 2004 spoke of "grave doubts that significant benefit has stemmed from the treatment to date".
A Children's Court Judge had last December ordered that the boy be assessed for treatment in a Merseyside institution and that funding for that assessment be made available by the Legal Aid Board. The youth's probation officer had since been informed that there were more appropriate facilities available in Glebe House, Shady Camps, Cambridgeshire who were willing to assess the youth. The Department of Justice, Equality and Law Reform said it was prepared to fund one day's initial assessment but was not prepared to make any further funds available.
Granting leave to bring judicial review proceedings, Mr Justice Hanna said this was a case which gave rise to very great concern. The youth was facing very serious charges resulting from his dysfunctional behaviour and he required help.