Teen girl with disabilities left in dark hospital room for 60 days
In the case of the girl with disabilities who was left in a hospital ward, the report continued: 'During this time, she had not gone outside for fresh air and had had no education or physical activity'.
A young girl with disabilities was left in a hospital ward for almost 60 days because there was nowhere else for her, according to the latest publication from the Child Law Project.
The report relates to proceedings taken in the High Court in 2021. Criticism was made in the case of the HSE “for failing to meet the needs of a young girl with disabilities who spent nearly 60 days in a dark room off a hospital A&E department as the HSE could not find her another placement”, according to the report.
The publication also includes a case where the Department of Education was to be summonsed to court by a judge in a case in which an almost-15-year-old teen had not had a single day of second level education. The judge in the case said he was “incandescent with rage” about the situation. When that case returned to court, a tutor had been identified but the Department of Education was refusing to pay the tutor’s travel expenses, according to today’s publication from the Child Law Project. It noted that Tusla, the Child and Family Agency, agreed to cover the travel expenses.
In a third case, there were concerns about a girl in care who had been in more than 20 different placements. The presiding judge in the case directed that unless the matter of the girl’s placement was resolved before the next hearing, the chief executive of Tusla, the Child and Family Agency would be required to give evidence to the court explaining why the agency could not meet its obligations to provide the girl with a suitable registered placement.
The cases are among more than 50 reports published today (Monday, January 15) by the Child Law Project, highlighting the need for interagency co-operation, especially for children with disabilities.
The reports include 43 cases from the District Court and 11 from the High Court, which were attended by Child Law Project reporters over the second half of 2023.
Twenty six of the district court cases related to applications for care and supervision orders, with key themes including parental mental health problems, addiction, homelessness and domestic violence.
In the case of the girl with disabilities who was left in a hospital ward, the report continued: “During this time, she had not gone outside for fresh air and had had no education or physical activity. For a period, she did not even have a TV or access to Wifi.”
CEO of the Child Law Project, Maria Corbett, said: “This case included a stand-off between two state agencies over who was responsible for providing care to a child with a disability. The High Court has ruled very clearly that the duty to provide disability services, including an appropriate residential placement, lies with the HSE, not the CFA. The High Court, in line with international human rights law, stated that a child should not be admitted to care solely on the basis of their disability.”
Ms Corbett continued: “This case highlights the need for a culture shift away from departmental and agency silos. Our court reporting shows that a significant proportion of children in care have a disability and/or mental health needs and so the CFA needs to access HSE services for these children.
"A protocol exists on joint working. However, it is not consistently adhered to or is only applied at the 11th hour. This volume includes examples of where the protocol has been breached as well as of where it has been followed and is working well.
"A more collaborative culture and new procedures are needed to ensure the CFA and HSE work jointly and promptly to plan and meet the needs of vulnerable children with disabilities.”
She said there is a shortage of foster placements at present and said there is a need for inter-departmental government action to tackle the shortage of care placements.
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