13 special care beds open as court cites risk to three children

Judge John Jordan criticized the state’s child welfare agency for failing to open sufficient secure beds for at-risk children, a shortfall he described as causing ongoing harm. The High Court heard that only 13 of the 26 beds across three special care units are currently operational. This capacity gap stems from staff shortages, leaving children in precarious situations while legal orders remain unenforced.

The dispute over bed availability has escalated over recent months. Last month, Jordan ordered a 14-year-old girl be detained in special care. She continues to visit pubs seeking men to provide her with substances, according to court submissions. Separately, a 17-year-old girl was found unresponsive on a roadside and reported pelvic pain. Barrister Paul Gunning stated she faces a risk of serious gravity, including death by misadventure.

The most acute case involves a boy who swallowed 37 wraps of crack cocaine to hide them from gardaí. He vomited them up after police arrived, but no special care bed was available to receive him. Sarah McKechnie, barrister for Tusla, noted that the boy became very upset upon learning the drugs would be handed over. He left the unit when police arrived and has been missing since. Jordan noted the boy is using fentanyl, a synthetic opioid, a drug he said had not previously been mentioned in the context of the no-beds list.

Jordan argued that the boy would not be a fentanyl user if Tusla had complied with the court order for his placement in special care. He stated that the three children were in grim and horrific situations because Tusla was not complying with orders it had sought. The judge criticized the agency for expending time, money, and energy on explaining the children's poor outcomes while doing little to increase bed capacity. He described the solution as obvious: improved pay and conditions for special care workers.

The Health Information and Quality Authority has prohibited Tusla from admitting any further children to Crannog Nua, the largest unit in north Dublin. This ban is due to ongoing safety concerns regarding staffing levels, even when current residents are discharged. Jordan lifted the in-camera rule for the three children’s cases to allow proceedings against Tusla for alleged contempt. He stated that both Tusla and the Government must fund better pay in the sector, calling for them to grasp the nettle.

Jordan expressed frustration with the lack of action, saying he was sick and tired of raising the issue but would not stop because the children need a voice. He called out the inaction and lethargy of those with the authority to resolve the situation. A separate case involves a young teenage boy recently discharged from special care who needs to return. His social workers believe this is the only alternative, but Tusla opposes his return. He is also facing charges in Dublin District Children’s Court for traveling in three stolen cars.

The boy’s court case was put back to the end of the month due to an ongoing solicitors’ dispute. Judge Brendan Toale heard the charges but could not progress the matter. The lack of secure beds continues to affect these legal proceedings, creating a cycle where children remain in the community without the necessary support structures. The court proceedings underscore the tension between legal mandates and operational capacity in the child welfare system.

The next step in the main case involves the court’s decision on the contempt proceedings against Tusla. The agency must respond to the judge’s criticism regarding the 13 open beds. The outcome will determine whether the state faces further financial penalties or mandatory compliance orders. The three children remain without secure placement as of the hearing date.