High Court orders boy's release from institution

A troubled and out-of-control teenage boy who has been detained in St Patrick's Institution for six weeks because no appropriate…

A troubled and out-of-control teenage boy who has been detained in St Patrick's Institution for six weeks because no appropriate secure place was available for him was freed by a High Court judge yesterday.

A child psychiatrist had warned that the boy's continued detention would be detrimental to his mental health. For the first time, the boy was having thoughts of self harm, the psychiatrist said.

The boy recently marked his 16th birthday in St Patrick's. He has a behavioural disorder - Attention Deficit Disorder with hyperactivity - and a history of substance and alcohol abuse and car theft. The boy told Mr Justice Kelly yesterday: "I'd like a chance to prove myself, that I won't go near any more cars again." Being in St Patrick's had made him "wise up". "Hearing the others' stories, they're in and out of prison all their life, I don't want to be in and out of prison all my life.

"I have learned my lesson," the boy added. "It's not that I deserve another chance, it's that I need it."

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Psychiatrists, psychologists and care workers have recommended the boy be placed in a secure residential unit with appropriate therapeutic and educational supports. The newly built special care unit at Ballydowd, Lucan, is considered the best option but has no places. There are no places at the State remand centres, Trinity House and Oberstown.

Just one of Ballydowd's three eight-bed units is operational. That unit is full and there are large numbers of children awaiting places and referrals. Efforts are being made to recruit staff for the second unit and this is unlikely to be operational before May at the earliest.

The judge also heard that the South Western Area Health Board, which has statutory responsibility for the boy's welfare, had not yet referred him to Ballydowd's admissions committee. The failure to refer the boy was "inexplicable", the judge said.

Dr Gerard Byrne, a child psychiatrist, said he believed the prognosis for the boy was good if he was placed in an appropriate secure unit.

While expressing doubt whether the boy would change his behaviour, Mr Justice Kelly said he would give him one last chance. The judge directed the boy be freed from St Patrick's and return to live at home under strict conditions. These include observation of a curfew, his taking up a job secured for him by his stepfather, abstention from alcohol and drugs and co-operation with services to be provided by the health board.

Mr Justice Kelly warned that a single breach of any of these conditions would lead to the boy's immediate return to St Patrick's.

He also directed the health board to refer the boy's case to the Ballydowd admissions committee and said he would review the case in four weeks.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times