A third High Court challenge has been brought against the keeping of teenagers in solitary confinement at Oberstown youth detention centre, following a roof-top demonstration and fire at the facility.
On Wednesday, Mr Justice Anthony Barr heard a 15-year-old boy, who cannot be identified for legal reasons, has been detained in effect a “24-hour lock down” without any reasons being given at Oberstown since August 29th last when the blaze broke out.
While in solitary, the teen has been sleeping on a mattress attached to a board on the floor in a locked room. He has also been given all his food through a hatch in the wall.
Sean Gillane SC acting for the boy through the teen’s mother said the teen was “very disturbed” and had a tendency “to be involved in trouble”.
The teenager is facing a number of charges before the District Court, having already admitted to one charge under the 2001 Criminal Justice Theft and Fraud Act.
He has also bee ordered to undergo a psychiatric assessment. Since his detention at Oberstown in April counsel said the teenager has had most of his family visits cancelled by staff.
Counsel said the boy, and others were moved from the units they were in and kept in solitary confinement since the fire at Oberstown late last month.
In solitary he had no contact with his family, bar one phonecall in recent days with his mother. He had no access to recreation or education facilities, reading materials, or support staff.
Counsel said the boy’s solicitor Gareth Noble met the boy following an invitation from staff at the facility. Mr Noble’s became concerned when he found the teenager was dressed only in shorts and socks.
There was a refusal by staff to provide the teenager with his own clothes after he was moved to solitary, counsel said.
The teenager was given somebody else’s sweatshirt and trousers when he appeared before the children’s court on September 6th last.
The teenager told Mr Noble he was depressed and going “out of his mind staring at the four walls 24/7”.
At the conclusion of his visit Mr Noble said a staff member expressed concerns to him about the conditions he was being held in.
The staff member described the situation as being “something none of us can stand over”, about basic food being served and spoke of “sensory deprivation, isolation and solitary confinement. “It’s madness,” the staff member told Mr Noble.
After the teen’s circumstances were raised by Mr Noble the teen had received a television, has been allowed out of the room for short periods of time and has limited access to other people.
Arising out of the conditions he is being held in, the teenager has brought High Court proceedings against the director of Oberstown Children’s Detention Campus and the Minister for Children and Youth Affairs.
He seeks an order bring his detention in solitary confinement to an end and various declarations including that his constitutional rights to bodily integrity and rights under the European Convention on Human Rights have been breached.
Following the application Mr Justice Barr said he was satisfied to grant permission to bring the action. Permission was granted on ex-parte basis.
On Tuesday similar proceedings brought on behalf of two 17-year-old boys also detained at Oberstown came before the court.
All three cases will return before the court on Thursday.