Youths sue over refusal of family visits at Oberstown

Four youths are suing the State, claiming their human rights have been breached by being refused family visits while being held in Oberstown Detention Centre near Lusk in north Dublin.

The cases follow disturbances and fire damage to the centre in August which led to some detainees allegedly having to be held in 23-hour lock-up, as well as allegedly being denied visits by family members. The High Court heard in September that, on the night of August 29/30, a number of boys got onto the roof of the centre and a fire broke out, rendering one unit useless and two others out of action while repairs were carried out.

The four who have brought proceedings seek declarations and damages claiming breach of European Convention rights to private and family life as a result of not being allowed visits.

They also seek orders prohibiting the operation of a regime of solitary confinement. The applications are being opposed by the director of the Oberstown Centre and by the minister for children and youth affairs.

The defendants have denied operating a solitary confinement policy but said what was in place was a “separation policy”.

The cases are listed for hearing in January.

Yesterday, the defendants were given permission by Mr Justice Seamus Noonan to apply to have one of the four cases dismissed on the basis it was now pointless because the youth involved had since been given a sentence by the district court and was serving it in the Wheatfield adult prison in Dublin.

A lawyer for the youth opposed any amendment to the proceedings on grounds the application should have been made earlier.

Mr Justice Noonan said the court had to have regard to all the relevant facts and he was prepared to allow the amendment.