Tusla to seek to remove girl from inappropriate facility where she has been detained for two years

The High Court has previously heard that the highly vulnerable teenager regularly self-harms and has made multiple suicide attempts.

The Child and Family Agency (CFA) will make an application to the High Court on Tuesday to allow it to place a teenage girl who has spent over two years in an inappropriate facility into a special care unit.

Mr Justice Rory Mulcahy was informed of the CFA's proposal to have the girl, who cannot be identified for legal reasons, moved to a secure unit that can provide her with the supports she needs.

The teenager has been awaiting a place in special care since July but has spent a lengthy period detained at a psychiatric unit, despite the fact she does not have a mental disorder.

The court has previously heard that the highly vulnerable teenager regularly self-harms and has made multiple suicide attempts. Those charged with her care say that she should not be released into the community or be allowed return home for her own safety.

She had availed of outpatient facilities provided by Child Adolescent Mental Health Services (Camhs) before becoming an in-patient, under the Mental Health Acts, at the psychiatric unit over two-and-a-half years ago.

Lawyers representing the HSE — which runs that unit — the girl's legal guardian and the girl's mother have argued before several judges, including High Court President Mr Justice David Barniville, that the psychiatric unit is totally unsuitable for her needs.

Medical evidence from professionals treating the girl, who has complex needs, have stated they fear for the girl's health and welfare if she was to remain at that unit any longer.

The CFA accepts that the teenager meets the criteria for a place at a secure special care unit, but due to a lack of a place for her, had previously asked the courts to continue her detention at the psychiatric unit over fears for her life if she was to be released.

Monday's proceedings

When the case returned before the court on Monday, Sara Phelan SC for the CFA said the agency intends to apply for orders seeking to place the girl into special care.

That application will be brought on Tuesday, counsel said, adding that in the meantime it was seeking a further extension of the girl's detention at the psychiatric unit for an additional 24 hours. There was no opposition to the CFA's application for the 24-hour extension.

Both David Leahy SC for the girl's court-appointed guardian, and Patricial Hill Bl for the HSE also welcomed the CFA's intention to make the special care order.

Ciaran Craven SC, instructed by Prospect Law for the girl's mother, said that separate judicial review proceedings have been taken against the CFA on the girl's behalf over the agency's alleged failure to comply with its statutory obligations to provide her with a special care placement.

While the special care order would make much of those proceedings "moot" or pointless, counsel said that other less urgent aspects of that action, including a claim for damages, would remain in being. 

Mr Justice Mulcahy welcomed the CFA's "firm intention" to apply to place the girl in special care. He agreed to further extend the girl's detention at the psychiatric unit for an additional 24 hours.

That application, he said, had been brought in "very difficult circumstances". "The sooner the application for special care is made the better," the judge added. The judge also adjourned the separate judicial review action to Tuesday's sitting of the court.