At risk boy takes case to High Court

A troubled and at risk boy whose seriously dysfunctional family has been monitored by health boards since he was two years old has brought a High Court action claiming failure over years to provide any stability of care for him either on the part of the State or various health boards.

The boy, now aged 17, is one of 10 children of severely alcoholic parents, with marital difficulties, who are unable to care for him. His father is partially brain damaged due to alcohol abuse and his mother is said to drink "excessively". His brother and sister died at the ages of 17 and 19 respectively as a result of drug overdoses.

Since he was two years old, he has been in a succession of placements, many of which were described as unsuitable and included, although he had no convictions, prisons and detention centres. He has also been housed in bed-and-breakfast premises and hostels.

He has been homeless at the age of 15 and slept rough and in squats. On one occasion he was hospitalised having overdosed on alcohol and nail varnish, and his case came to High Court attention when he was charged with stealing nail varnish. The District Court judge, concerned for the boy's welfare, sent the case forward to the High Court.

A residential unit where the boy had made progress since January last in tackling his drug addiction was closed down last month, the court heard.

No suitable alternative placement had been proposed for him and the offers made included emergency night hostels frequented by drug users, his court appointed guardian said yesterday.

The guardian said the boy was often very frustrated and angry about his situation and had once asked him whether there was "anybody in Ireland who can help me get all this anger out of my head and all this hurt out of my feelings".

In his proceedings, the boy is seeking orders and declarations against the State and the South Western Area Health Board. He claims the board has failed to meet its statutory obligations under the Child Care Act 1991 to provide appropriate accommodation and care for him and is seeking a declaration to that effect. He is also seeking an order directing the board to provide such care and accommodation and is also seeking damages.

In his action against the State, he claims the Ministers for Health and Children and the Minister for Education have breached his constitutional rights to education and, in his particular case of special need, accommodation. He wants an order directing the Ministers to provide that education and accommodation. The SWAHB denies it is in breach of its statutory obligations and pleads it has done everything reasonably possible to provide appropriate accommodation and care for the boy. The State denies any breach of constitutional rights and pleads the court cannot make mandatory orders directing the State to spend resources in a certain way.

Yesterday, Mr Mark de Blacam SC, for the boy, said it was the court's function to ensure the boy achieved his statutory and constitutional rights. In this case, where the unit where the boy was placed had been closed and no adequate alternative offered, there was a breach of the boy's constitutional rights.

In evidence, the boy's guardian, said that, after reports of the parents' drinking and that the children had been left in the care of a 14-year-old brother, a health board had secured safety orders for the children. All the children were taken into care. The parents were advised to seek help for their drinking, but that did not happen. The hearing continues today.