BACKGROUND:CHILDREN CAN come to the attention of the Health Service Executive (HSE) in various ways. A neighbour may have concerns about neglect; a doctor or teacher may notice signs of abuse; the child might be found wandering the streets; or come to the attention of the gardaí. Problems of alcoholism, drug abuse or physical or mental illness may be known to exist within the family.
When a child comes to the attention of a HSE social worker as “at risk”, the social worker can seek a number of orders in the District Court to protect that child. These include emergency care orders; interim care orders, which have to be renewed periodically; supervision orders, under which the child’s family is visited and kept under supervision; and care orders whereby the child is taken into care, sometimes with a member of his or her extended family.
In 2008, the last year for which full figures are available, 804 supervision orders and 1,044 care orders were granted in the various District Courts around the State. The vast majority of orders concerning children are made in this court.
In court the lawyer for the HSE takes the social worker through the circumstances that led to the order being sought and the judge makes the order sought, or may make a different order.
If a care order (rather than a supervision order) is made, the child is placed in the care of a foster family. In some cases, where there are serious issues of abuse or other complications, a guardian ad litem is appointed by the court, whose responsibility it is to report to the court on the needs and, if the child is old enough, wishes of the child. If a child has additional medical, educational or psychological needs, even good quality foster care may not be enough. This is where the guardian comes in, arguing for specific help for certain children.
This also appears to be where some of the legal costs are incurred, though, because of the in camera rule, we cannot know what happens in such cases. The figures provided by the HSE to The Irish Timesinclude payments to counsel for guardians ad litem, which are sometimes necessary.
In a minority of cases, where the child’s problems are too serious for foster care and detention in a special care unit or other intervention is needed, the case is heard by the High Court and the appropriate orders made. Senior counsel are often engaged in High Court proceedings, though this is normally extremely rare in District Court proceedings. The HSE spent almost €300,000 on fees for senior counsel in the District Court, which is a court of summary jurisdiction, over the past three years.
The issue of HSE expenditure on litigation in relation to certain childcare cases was the subject of a report issued recently by Ombudsman Emily O’Reilly in which she complained that the HSE had attempted to prevent her from issuing a report on her investigation to the Oireachtas.