Health boards to appeal judge's refusal

Three health boards are to appeal against a High Court judge's refusal to discharge himself from a hearing aimed at getting information about disturbed children in health board care. The children have been placed in premises run by private concerns.

Mr Felix McEnroy SC, for the health boards, told Mr Justice Kelly yesterday that the boards had instructed him to ask the judge to discharge himself. This was because they were apprehensive the judge had prejudged the matter and they would not be accorded fair procedures.

Mr McEnroy was representing the three boards in the Eastern Regional Health Authority area.

Counsel argued the judge had directed the inquiry on the basis of his own "findings of fact", including a finding that the health boards had not told the court of the existence of Secureways Ltd, a private company which cared for children at the request of health boards.

Counsel said he had previously expressed surprise that the judge had said he had only learned earlier this month that Secureways was a private company. The fact had been raised in the court before.

The judge said he had no recollection of being told at any previous hearing that Secure ways was a private company. After the refusal, Mr McEn roy said his clients wished to appeal the judge's order to the Supreme Court.

The hearing then proceeded with evidence on behalf of Secureways Ltd and another private company, Children's Community Centres Ltd (CCC).

Mr Gary Kiernan, director of childcare with CCC, said the company primarily offered containment for children referred by health boards.

It rented nine houses and employed 36 people. Less than 10 per cent had a professional qualification in childcare. There was a full-time remedial teacher.

Health board involvement with the children was achieved through visits once weekly or every two weeks, phone contact and review meetings. He had pushed for inspection of the units and one had been inspected.

Mr Eamon Corcoran, of the Department of Health and Children, said he was aware prior to last February that Secureways was providing services for children but was not aware until February that these services were being provided in unregistered and uninspected premises.

After the evidence Mr Justice Kelly said he had been assured the State would ensure all appropriate procedures were put in place.