Dáil question requested over lack of detention space to hold girl

“IT is extraordinary that in 2008 we should be having this case,” a judge at the Children’s Court said today as he was forced for a third time to grant bail to a troubled girl who wants to be detained.

The 17-year-old girl, who is engaging in self harm and wants to be detained, could not be held in custody because a detention centre was full, the court was told.

The girl, who while armed with a scissors attacked a care worker, and threatened to “slit her throat right in the jugular,” has already asked the court to sentence her. Health concerns have also arisen due to her being involved in incidents of self harm.

Defence solicitor Ms Sarah Molloy has contacted the girl’s local political representatives and has written to Minister for Health and Children, Mary Harney, and Minister for Children and Youth Affairs, Barry Andrews over the case.

She has also asked Green Party TD, Trevor Sergeant to raise a Dail question about when there would be a place available in the detention centre.

A Garda applied to have the girl, who has been residing in a non-secure care home, remanded in custody today. Evidence was given detailing incidents where she broke her bail conditions by threatening care workers and breaching a curfew.

However, Judge Bryan Smyth was again told Oberstown Girls’ Centre in Dublin could not currently take any more prisoners because of renovation work which may be completed by the end of the month.

It was the third time in recent weeks that an application to have the girl held in custody failed due to the limited number of spaces in the detention centre.

Ms Molloy asked Judge Smyth to order the remand in custody saying that would give grounds for the case to be brought to the High Court seeking and order of mandamus, which could force the State to carry out an order of the judiciary.

However, Judge Smyth refused saying that in effect he would be making a “bad order.”

“There is a lack of suitable facilities that is the problem and that is a matter for another agency not a matter for the court,” he said.

Judge Smyth said he wanted to make it clear that the court was very concerned about the girl and added that “I do not think the court should be put in this position and I think that common sense should prevail, that is the court’s view on it.” He remanded girl, who was accompanied by a sister and social care workers, on bail to appear again later this month to see if a place would be available in the detention centre then.

On October 21 last, Ms Molloy had said: “She has been threatening and engaging in self harm. She is consenting to go into custody today.”

On that date the girl addressed the court. Speaking quietly she had said: “I would like to say that I understand the situation. I know doing what I am doing is getting nowhere. It’s a waste of everyone’s time.”

“I should just bite the bullet and do what I have to do. I appreciate the fact that there is no bed in Oberstown today but I would like to say I recognise I’ve been disrespectful, I’m in a very bad place at the moment.”

But she was released and appeared again on November 4 last when the court was again told there were still no spaces available in Oberstown Girls’ Centre.

She had pleaded guilty earlier to assault causing harm to a female care worker, on May 22 last year. The girl also admitted attacking another staff member in the same care home in north Dublin and possessing a scissors as a weapon, on January 31 last.

Her first charge arose when she was reprimanded for smoking in her bedroom in the care home. “She got out of her bed and punched the care worker on her left eye knocking her back where she banged her head off a table,” a Garda said. The victim’s eye was bleeding and an ambulance had to be called.

During the second attack, a care worker was kicked and the girl then took a scissors and threatened another staff member that she would “slit her throat right in the jugular” before gardai arrived and disarmed her.

Afterwards the girl, who has no previous convictions, was moved to a different care unit. However, she was later moved back to the care home in north Dublin.

In July concerns were raised in court that the teenager has absconded 19 times. The court has also been told that the girl had some contact with her family, mostly siblings.