No sentence for mother who neglected sick son

A judge has found the facts proven but imposed no sentence in the "tragic and sad case" of a young mother with a "massive inability to cope" who neglected her sick five-year-old son to such an extent that he was malnourished and unable to walk when taken into care by gardaí.

The case came to light when social workers reported their concerns to gardaí after the woman presented with the sick child at a local health care clinic but failed to bring him to a doctor or to hospital as advised.

The 25-year-old mother-of-one, who can not be named to protect the child's identity, pleaded guilty at Dublin Circuit Criminal Court to wilful neglect of her son at her home on September 20, 2006.

Defence counsel, Mr Sean Guerin BL, said the case was "tragic from beginning to end" and stemmed from the mother's "massive inability to cope with her child".

He submitted that "the trauma of imprisonment" would do nothing for society or for her rehabilitation.

Judge Patrick McCartan said it was "heartening" to hear that the case "has come to a good end" with the child now doing well with a foster family and "maintaining a regard for his mother" who can avail of one-hour weekly visits with him.

He said the incident had arisen "out of isolation and an inability to cope" following the woman's departure from her family home after a falling out with her parents. The father of the child has expressed no interest in a relationship with him.

Judge McCartan commended the gardaí "who acted with such speed when they received the health care workers concerns". He said he found the facts proven in the case but was imposing no sentence.

Garda Karen Anderson told Ms Karen O'Connor BL, prosecuting, that the woman brought her son to a local health care centre where a dental surgeon who examined him found he had swollen gums and jaws, a gash on his head and looked "green and unwell".

Gda Anderson said the woman was advised to bring the child to a doctor or to hospital because he was in need of immediate attention. She said the woman appeared "laid back" and antibiotics were prescribed.

Health workers at the centre informed social workers of their concerns and the following day they attended at the woman's house to escort the child to see a doctor but found no one home.

Gardaí were contacted later that day when the woman stopped answering social workers' calls to her mobile phone.

Gda Anderson said she attended at the house that evening at 8pm and found the child in the bath. She said he was very pale and thin with red marks on his chest and a gash on his head.

She asked the child to get out of the bath but he was unable to walk or stand so gardaí carried him to a bedroom where they dressed him and took him into care. His mother was arrested.

Gda Anderson said the child was examined by a doctor who found he was pale and anaemic, malnourished, underweight and hungry with a rash on his body and sore feet.

The following day, the child was taken to hospital where he continually asked for food and drink. Doctors said he showed signs of malnutrition and neglect, had muscle wasting in his upper limbs and swollen ankles. He was also found to have infections on his head and body.

Gda Anderson said the woman had no previous convictions and had never come to garda attention before. She had attended with her son at a doctor's surgery before gardaí arrived, but left when she was told all the doctors were busy at that time.

Gda Anderson agreed with Mr Guerin that the Director of Public Prosecutions had originally recommended the case be dealt with in the District Court but jurisdiction had been refused there and an assault causing harm charge was struck out at that stage.

She agreed that the woman did not obstruct gardaí in removing the child and appeared "withdrawn".

Mr Guerin said the woman had fallen pregnant as a Leaving Certificate student to an older man and remained in denial about her condition until a routine visit to her doctor three months before her due date.

He said she received help with childcare from her parents for the first four years of the child's life while she got qualifications and secured a job.

Mr Guerin said the woman had "difficulties coping with her child from an early stage" and felt "isolated and alone, at a loss regarding basic child care" which increased as the child got older.

This feeling was compounded when she lost her job and left the family home after an "irretrievable breakdown" in relations with her parents. Her attitude to the child went from "hyper anxiety" to "a pattern of diminishing concern".

Mr Guerin said the woman was hospitalised in April 2005 after an overdose and was diagnosed with "depressive symptoms" but was released into the care of her doctor without receiving medication.

Social workers and gardaí made home visits and were satisfied the child was adequately cared for.

School reports described a change in the child from pleasant, shy but polite, and well mannered to deteriorating concentration, heightened anxiety and increasing absences from school in January 2006.

Social workers made a home visit in August 2006, six weeks before the date of this offence, and again were satisfied and the file on the case was closed.

Mr Guerin said a psychological report on the woman outlined her "inability to empathise with the child's developmental or emotional needs" and a possible underlying "personality disorder" for which she was now receiving appropriate medication.