' Not a bit impressed ... don't think they'll come up with anything soon ... they haven't over the last nine months

The Children's Court/Carl O'Brien: The brain-damaged boy, wearing a cheap patterned jumper several sizes too big for him, was…

The Children's Court/Carl O'Brien:The brain-damaged boy, wearing a cheap patterned jumper several sizes too big for him, was looking thinner and paler than the week before.

His mouth hung open as he stared blankly around the courtroom, not appearing to notice his two aunts who whispered in concerned tones among themselves.

The 17-year-old from Dublin's inner city, who has the mental age of a seven or eight-year-old, had spent the previous four weeks in jail because the health board could not find an appropriate facility for him. Last week when he appeared in court, there still wasn't a place. Yesterday, the solicitor from the health board said they were hopeful something would be available within 10 days.

"It has always been the position of the health board to progress the matter. The difficulty is because of the complexity of his needs, which verge on the unique in the health board's experience," said Mr Barry O'Donnell, representing the South West Area Health Board.

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One of the boy's aunts shook her head firmly from side-to-side, while another exhaled loudly in frustration. Then the boy interrupted proceedings.

"I want to go back to [the name of the flats where he grew up]," he groaned. "I want to go back, I want to go back," he repeated.

The solicitor went on to reject suggestions made in court the week before that the board may have been waiting until he reached 18 to "wash its hands" of the boy. "We are not going to finish with him when he is 18 and disability services will take greater control of his case. It is clear that he will have an ongoing relationship."

The solicitor also expressed concern that details relating to the boy appeared to have been provided to the media and politicians, while he insisted the courts did not have the right to direct the health board to appear in court.

"While parents or guardians may be compelled to appear before the court, it [child care legislation] explicitly says that this does not apply to health boards ... it really can't be more specific than that," he added.

The boy, meanwhile, interrupted proceedings again as a garda spoke briefly. "You f**king bastard, I'll smash your f**king face in," he croaked, his half-opened eyes glaring over to other side of the courtroom. He was escorted quietly out of the room.

In response to the health board, the teenager's solicitor, Ms Sarah Molloy, expressed frustration at the pace at which the health board was moving.

"Our problem is that we've been in this position before," she said, as she explained that the proposed residential unit had only come to light after she brought it to the health board's attention.

"And as for the question of the boy's anonymity, I find it offensive that this could be the basis of a complaint, when he has been sitting in Cloverhill prison for the last few weeks."

Judge Reilly spoke in precise and gentle tones as she considered the views of both legal representatives and underlined the need for action. "It is the case that resources just aren't there quite frequently ... this is a case where the defendant cannot be set free and cannot look after himself," she said.

Looking at the aunts, she said: "Unfortunately I have to remand him back to where he is at the moment."

Outside the courtroom, the boy's two aunts clenched their hands as they spoke angrily. "He looks dreadful, absolutely dreadful," said one. "He looks worse than the last time, his face, his clothes, everything."

"We're not a bit impressed," said the other. "I don't think they'll come up with anything soon - they haven't over the last nine months."

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