Lawyers for the Minister for Health and Children insisted yesterday it was "pure coincidence" that, just before a representative of the Minister was due in the High Court to explain why the only place available for a disturbed boy was in a State remand centre, two other options for the boy were identified.
The 14-year-old boy, a victim of sexual abuse with a history of fire-setting and described as a real danger to himself and others, has been in the State centre for several months. All professionals involved with him agree it is unsuitable and that he should be in a secure centre with appropriate therapy.
On Wednesday, Mr Justice Kelly refused to make an order, sought by the State and the health board responsible for the boy, to continue the boy's detention at the centre for 12 months on the basis of a care plan which would involve psychiatric, psychological and educational services.
The judge noted the centre's deputy director regarded her unit as inappropriate for the boy and said it would have to close four of its 24 beds to cater for his needs.
He said it was "beyond belief" that the Minister was asking for such an order and adjourned the matter to yesterday when he directed that a representative of the Department of Health and Children should attend court.
When the matter was called, Mr Cormac Corrigan SC, for the health board, said there had been two developments overnight.
Mr Feichin McDonagh SC, for the Minister, said a meeting on Wednesday had agreed that a new special care unit at Ballydowd, Dublin, due to open on a phased basis from September 5th, would operate as a referral centre for other health boards. Eight places would be available at the unit from September 5th and there was a possibility the boy might secure one.
Mr McDonagh said the second development was that they had heard yesterday that there was a place available at a unit in London which had in-house psychiatric and psychological facilities. Such a placement would have to be on a voluntary basis.
Mr Justice Kelly said he was glad to hear there were developments but wondered why they were last-minute and appeared miraculously overnight after he had given directions on Wednesday that a representative of the Department of Health and Children should appear before him. Mr McDonagh said it was "pure coincidence".
The boy's mother said she would need to know more about the unit but her son was prepared to go to England.
Mr Justice Kelly adjourned the matter for a week to get proposals for the boy being accommodated at the English unit. In the meantime, he directed the boy remain at the State remand centre.
