Court to compel HSE to help suicidal boy

The case of a 14-year-old boy, who has tried to kill himself three times, is to be brought to the High Court for a judicial review in an effort to compel the Health Service Executive to provide him with therapeutic help.

The teenager, who had been in a school for children with special education needs, has been involved in suicide attempts and incidents of self harm and his family fear for his welfare, the Dublin Children’s Court has heard.

He is before the court arising out of a charge for handling a stolen bicycle. He was remanded in custody in March to the Finglas Child and Adolescent Centre, over breaches of bail conditions compelling him to obey a nightly curfew and attend school.

A psychological and educational assessment of the boy took place in the centre which recommended that he should be placed into the Ballydowd Special Care unit, a secure therapeutic residential unit.

Defence solicitor Michelle Finan told Judge Ni Chonduin today that she had received a report from the Health Service Executive (HSE) which was in conflict with the detention centre’s assessment.

Its report had said that the teenager could return home but Ms Finan said he could not be controlled there.

Ms Finan said that the detention centre’s assessment said that he needed to be placed in a therapeutic environment.

She also said that she would bring the case to the High Court to initiate judicial review proceedings to compel the State to comply with its constitutional obligations to provide the boy with the assistance he needed.

Two weeks ago the court had heard that the HSE did not have the resources available to find an appropriate residential therapeutic for the out-of-control boy.

Ms Nicola Carr, a court officer with the Special Residential Services Board, told Judge Ni Chonduin today that the Finglas Child and Adolescent Centre had recommended that the boy should be placed in a residential therapeutic care unit, such as the Ballydowd Special Care Unit.

However, she added that the HSE has not provided a placement and has not made an application for the boy to be admitted to the Ballydowd Special Care Unit.

Judge Ni Chonduin said: “What I am being pushed to do is to keep him in detention. The child wants bail, this is a section 17 charge (handling stolen goods) and one that I would not under any circumstances whatsoever keep a child in detention for."

The boy, who was supported in court by his father, became upset and agitated and accused the judge of imposing a detention sentence on him. His father told him to quieten down at which the boy then cursed at him.

“I do not want to put you in custody but the people who should be helping you are not doing it and the only way I can help you is by keeping you in custody.”

She added: “It is wrong to put the child into custody but I am going to have to do it.”

The child became further angered on hearing that he would be held for another week. He cursed loudly, calling the judge a “fucking bitch” and as he was led from the courtroom, he kicked a door.

The case was adjourned for a week with the judge also making a direction for the HSE to attend the proceedings then.

Earlier the boy’s mother told the court that she had been trying to get help for her son for since he was aged 10.

“I’ve been trying to get assistance for four years. As a child he has always been difficult to handle. He has gone further out of control and does not realise he needs help. He has not got the help he needs,” she said.

She also added that the only intervention she has received has been as a result of her son getting arrested and coming before the criminal justice system.

His school teacher had said earlier that in the last two years she, with the boy’s mother, has attended numerous meetings with social services over him “but nothing has come out of it.”

She described the boy’s behaviour as “very extreme” and continued to say he had tried to commit suicide three times in school.