Case of out-of-control boy (14) to be heard by the High Court

The case of an out-of-control child who is said to be living on a roof in Dublin's north inner city will come before the High Court next Monday.

Lawyers for the 14-year-old boy had applied to the High Court for leave to seek orders compelling the State to provide appropriate secure accommodation, education and take other measures to vindicate the child's constitutional rights.

However, when the matter came before Mr Justice Smyth on Tuesday, he said the State should be put on notice of the application and adjourned the matter to next Monday.

The application came before the High Court on foot of an order from District Court Judge Desmond Windle, made on October 27th, directing the child's solicitor, Mr John Fitzgerald, to take steps to vindicate the boy's constitutional rights.

In an affidavit, Mr Fitzgerald said that when the boy was 10, he was assessed as functioning at or below the level of a six-year-old. The boy was sentenced by the Children's Court to a year at St Laurence's School in December 1996. In summer 1998, the boy was charged with other offences and a bench warrant was issued for his arrest after he left Ireland for England with his parents.

He returned in early 1999, pleaded guilty to a number of charges and was remanded on bail. Also in summer 1999, the boy's mother had an accident which caused brain damage. The District Court remanded the boy to his uncle's care.

In September 1999, the boy attended a care and education centre as a day pupil and in September of this year was transferred to a programme for early school-leavers.

Then his situation began to deteriorate. It was believed the boy began using soft drugs and was returning to an inner city area in breach of his bail conditions.

About three weeks ago, the boy left his aunt's and uncle's home and had not returned. There were grave concerns for his welfare.

At the Children's Court on October 27th, the boy was remanded on bail by Judge Windle to appear before the District Court on November 11th.