Child Law Project says State is ill-equipped to help vulnerable children

The judge in one case before the courts remarked that some in-house therapies available in the UK are not available in Ireland. Stock illustration

Vulnerable children are repeatedly let down by the State, which appears “ill-equipped” to support young people with a disability or mental health issue whose home life has broken down.

The lack of specialist services and residential care beds in Ireland for children with behavioural difficulties was a theme of the latest volume of reports published today by the Child Law Project, with judges saying that children could “fall between the gaps” in the system.

The Child Law Project is an ongoing project aiming to provide transparency and accountability of judicial childcare proceedings.

In one case, a teenage girl was detained in the paediatric wing of a hospital due to escalating patterns of self-harm for weeks, and the Child and Adolescent Mental Health Services (Camhs) refused to admit her to one of its inpatient units.

Child Law Project CEO Maria Corbett said one of the difficulties is the lack of step-down residential placements which she said 'is hindering the timely discharge of children from special care'.

In another, a judge remarked that a girl who had been in special care for more than 13 months was becoming institutionalised and that special care orders “are not a holding cell for children who ought not to be in special care”.

Another example involving an isolated girl noted that a psychiatric assessment had been recommended, but Camhs had stated they would not do this as they felt the girl’s difficulties were behavioural rather than mental health. Tusla subsequently secured an assessment privately.

Interim barring order

In another case, Tusla applied for and was granted an interim barring order against the father in a family who was expected to return to his family on his release from prison. The background to the case involved seriously sexual abuse allegations made by the man's daughter, but later withdrawn, and a dangerous driving incident which left the man's partner and children traumatised.

That was the first time CLP reporters had observed Tusla seeking such an order and executive director of the Child Law Project, Carol Coulter, said the Child and Family Agency was to be commended for its efforts to protect this mother and her children from the threat of violence, in circumstances where the mother had applied for a barring order but later withdrew it.

Lack of placements

The lack of suitable placements for some extremely vulnerable young people is again highlighted in the reports. 

In one case a full care order was granted for a teenage girl with a history of trauma who feared becoming homeless at 18 years. She had a range of issues, had gone missing from her placement previously and had been sexually assaulted a number of times. However, a suitable sole or dual occupancy had not yet been found.

Child Law Project CEO Maria Corbett said: “Discussions in court cite difficulties recruiting and retaining care staff, the limited number of special care beds, and the narrow legislative definitions required to trigger an obligation on HSE disability and Camhs mental health services to get involved.

“Political attention is urgently needed to rectify the State’s failure to provide a timely, joined-up response to these vulnerable children.”

Special care orders

On the issue of special care orders, where the High Court can detain a child in a secure setting for therapeutic purposes, the report highlights serious concerns from the presiding judge over the securing of appropriate residential placements for such children, the lack of specialised facilities, and the lack of co-operation between State agencies.

Ms Corbett said the judge said he felt like a “stuck record” in raising the concerns.

“The lack of step-down residential placements is hindering the timely discharge of children from special care,” said Ms Corbett.

“This is particularly concerning given that these are secure placements which entail a deprivation of liberty. A delayed discharge may undermine the child’s progress or risk them becoming institutionalised.” 

Intra-agency co-operation

Regarding the level of intra-agency co-operation, the judge remarked that some in-house therapies available in the UK are not available in Ireland, and also commented on the difference between the definition of mental illness under Irish and UK law.

He said: “[The problem is that children] are falling between services provided by the CFA [Tusla] and HSE.

“There exists no equivalent of Tavistock or St Andrews in Ireland. [Children] need treatment and intervention available in those centres.

“[This issue is] going back for years and not being dealt with by the legislature or those in power.”

The judge furthermore noted “ongoing tension” between the HSE and Tusla in another case, and said the case was “yet another” that demonstrated the need for legislative reform.

Ms Corbett also queried why Camhs is not playing a “more active role” in the lives of some of the country’s most vulnerable children, adding that the lack of involvement of Camhs before the courts in some cases was “a problem”.