Judge praises State's efforts to meet needs of children at risk

A High Court judge yesterday said the message has been "brought home" to the State about meeting the needs of children at risk…

A High Court judge yesterday said the message has been "brought home" to the State about meeting the needs of children at risk after being told of approved proposals to more than treble the number of high-support and secure residential places for such children by 2000.

Mr Justice Peter Kelly praised the Minister for Health and Children and his Department for their "Herculean efforts" to meet the needs of vulnerable children.

The judge said on several occasions he had had to level stringent criticism of the failure of the executive to address the constitutional rights of minors and even had to make orders compelling the Government to build high-support units in Dublin.

But he was now satisfied more progress had been made in the past four months in that regard than in the previous four years. He welcomed also the establishment of the new Social Services Inspectorate to inspect all health board residential childcare services.

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The judge paid particular tribute to Mr John Collins, principal officer in charge of childcare policy in the Department of Health. Mr Gerry Durcan SC, who represents many troubled children who have taken legal action to secure their constitutional rights, also welcomed the efforts made.

The judge and counsel made the comments after receiving a report from Mr Aindrias O Caoimh SC, for the State, on its proposals to meet the needs of children at risk in all health board areas other than the Eastern Health Board.

The report was requested by the judge and prepared by Mr Collins in the context of the case of a 16-year-old troubled boy at present detained in St Patrick's Institution because there is no suitable place for him.

In yesterday's report, Mr Collins outlined the proposals. Initially 18 places were to have been provided in the seven health board areas outside the EHB, but an additional 42 are now being created, making a total of 60 places. Mr Collins said he expected these to be in place by the end of 2000, provided the necessary staff could be recruited.

The court has previously heard that an additional 60 places were to be created in the EHB area. With 49 high-support places already in existence in all health board areas, this means there will be some 170 places State wide by the end of 2000 - provided the staffing requirements are met.

The report said the Social Services Inspectorate has been asked as a priority to develop appropriate standards for the operation of high-support residential services and will apply those standards this year.

The inspectorate will also consider the appropriateness of individual placements and will assess the adequacy of the high-support residential service, including funding and staffing.

Mr Collins said the staffing requirements for the new units would be significant and the health boards and Department were taking steps aimed at ensuring the necessary staff component. The staffing problem was not as acute outside the EHB area, he added.

Mr Justice Kelly adjourned the matter to December 14th and asked Mr Collins to prepare a report on developments for that date.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times