A High Court judge yesterday said it was "shameful" that he could not send a troubled boy to a secure unit because neither the Eastern Health Board nor the State could make a place available in such units.
Mr Justice Kelly said he would not give the court's seal of approval to an alternative proposal for the 15-year-old boy, which he regarded as doomed to failure and cobbled together at the last minute in the knowledge that there were no places in the units the court considered most appropriate for the boy.
The boy has been in care since he was three. The judge warned some weeks ago that he might put him in a secure centre unless he agreed to attend a Youthreach project and the Child Guidance Clinic at the Mater Hospital. The boy has failed to meet the court's requirements.
Yesterday, lawyers for the boy and the EHB proposed an alternative placement in an unsecure centre. After considering the matter, Mr Justice Kelly detailed the boy's history including placements in unsecured centres which had broken down in the past.
The judge noted that last Friday he was told no place was available in a secure centre or would be for some time. He said he might have to consider detaining the boy in St Patrick's Institution which all parties agreed was not appropriate.
The judge said the boy needed placement in a high support unit. Those running the unsecure centre had not decided whether they would accept him.
He noted the proposal did not require court approval because it did not involve detaining the child and said it was up to the EHB what it did now. He knew what order the court should make but he could not make it because of default by the EHB and the State.
Mr Patrick MacEntee SC, for the EHB, secured liberty to apply to the court in relation to the matter. The judge granted liberty on the understanding any application by the board could lead to the court making an order which could be given effect.