Disturbed boy again returned to St Patrick's

A 16-year-old boy with psychiatric and psychological difficulties was returned to St Patrick's Institution again yesterday by a High Court judge because there is no other place for him.

The teenager, who has no convictions, was assaulted at St Patrick's where he has been since July 29th.

Ms Justice McGuinness noted comments by the boy's lawyer that, in light of a Supreme Court decision concerning the rights of minors, the probability was that the boy's continued detention in St Patrick's was unlawful.

But, the judge said, she had no alternative other than to put the boy on to the streets, which she was not prepared to do.

Mr Gerard Durcan SC, for the boy, told the judge that, while he recognised her dilemma, he could not consent to an order directing the boy be sent to St Patrick's and added his client might "have a remedy in another jurisdiction".

Counsel said there was still no care plan for the boy, and all the State and Eastern Health Board could say was that there might be a place in a remand centre in two weeks' time. All agreed that a remand centre was not suitable.

If the State did not give a person the necessary services they required as a child, perhaps the courts might find there was an obligation on the State to grant those services when the child was an adult, he added.

Mr Patrick MacEntee SC, for the EHB, said counsel was overstating the case. A comprehensive case conference and a number of meetings had been held regarding this case. The position remained that the board did not have a facility to detain children.

He said the position would be ameliorated when the board opened its new unit at Ballydowd, Lucan, probably in late spring 2000, but that did not help this boy, who required intensive treatment in the short term. Mr MacEntee said the board could not offer the boy much that was relevant to his needs within the time available. The boy would be 18 in about a year. He was seeing professionals in St Patrick's.

He said the board could not wave a magic wand and give rise to a developed treatment plan. That was at hand, he said.

Ms Justice McGuinness asked how long the plan would take. Mr MacEntee said he did not know, but two highly committed professionals were engaged with the boy's case and were seeing what could realistically be done.

Mr John O'Donnell, for the State, said it was expected a place would be free in two weeks in a remand centre. Meetings were continuing regarding the long-term settlement of the matter.

Ms Justice McGuinness said while St Patrick's was very unsatisfactory, so was the remand centre. She had no alternative but to return the boy to St Patrick's. She urged the EHB to proceed with a care plan and adjourned the case for mention on November 23rd.

The judge had placed the boy in St Patrick's on July 29th for his own protection, having heard medical evidence that, while he was not psychiatrically ill, he had psychiatric and psychological difficulties.

He was later attacked in St Patrick's; the assailant had since been moved from the institution and an investigation was continuing.

She said the boy was almost 17 years old, and medical opinion was that there was only a small window of opportunity left to help him and prevent his being involved in criminal offences for the rest of his life and other difficulties, like addiction to drugs.