Board challenges judge over children's care arrangements

The High Court has reserved judgment on a challenge by the Eastern Health Board to the entitlement of a District Court judge to issue directions as to how the board should look after two children in its care.

Mr Justice McCracken said he hoped to deliver his decision within three weeks.

Both hearings relate to directions made by District Judge James Paul McDonnell, in separate proceedings, on two children. One of the children is nine and living with foster parents. The second child is six and is also with foster parents.

Yesterday, Mr Justice McCracken directed that, with the nine-year-old, there should be no change in the foster parents and no change in the social worker assigned to the case by the EHB without leave of and notice to the court. He also made directions on access by the parents.

He directed the board to prepare a care plan and submit it to a child psychologist who would report on it to the court.

On the second child, the judge criticised the "mismanagement" of the case by the board and said it had breached a court order regarding access to the child. He also referred to "considerable drift in the management of the case caused by a lack of clear objectives". He also directed the board to prepare a care plan.

The parents of each child have supported the judge's directions and are opposing the EHB application. The board claims that, once a care order is made, responsibility for the care of that child rests with the board, not with the courts.