'We're not happy at all with the situation. He's in a flat, smoking hash, drinking cans... He's not doing anything'

The Children's Court: Clutching her black handbag tightly, the aunt of the brain-damaged boy spoke in a faltering voice.

The Children's Court: Clutching her black handbag tightly, the aunt of the brain-damaged boy spoke in a faltering voice.

"Judge," she said, "we're not happy at all with the situation. He's in a flat, smoking hash, drinking cans. When he came out of Ballydowd the health board promised us he'd have care 24 hours a day, but he hasn't spent one night in that flat."

The boy, with a mental age estimated by one expert to be that of a seven- or eight-year-old, sat on the edge of the wooden bench, his mouth ajar, scratching his head.

The health board's handling of the case was at the centre of stinging criticism six months previously when he was detained in prison for five weeks because it could not find anywhere else suitable for him.

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Now his aunt's voice quivered with anger as she feared her nephew was drifting back into the same chaotic lifestyle which damaged him so much in the first place.

"That report sounds great," she said, pointing to a health board update on the boy's status. "There's someone there for a few hours a day, but that's it. He has no FÁS course. He's not doing anything."

Things started to disintegrate for the boy at a young age. His parents were alcoholics and when he was 13 he fled home and went on to develop an alcohol and heroin addiction.

Just over two years ago he received severe head injuries following a joyriding incident. Following his release from a special care unit, he continued to stack up offences for theft and criminal damage.

Judge Angela Ní Chondúin nodded sympathetically as the aunt spoke, but pointed out that he was now 18 and the Children's Court could not play any significant role once outstanding criminal damage and assault charges against him were dealt with."Obviously, when I strike these matters out, he's gone. We'll all be relying on his solicitor, Ms Molloy, to look after him," she said.

Ms Sarah Molloy said that, to the health board's credit, it was paying for the boy's flat and for a social worker to attend to him.

The health authorities had undertaken to "assist" him beyond his 18th birthday, she said. Its duty of care officially ceased, however, after he became an adult.

"Unfortunately, around 90 per cent of that care will fall back on his family," she said. "They don't want to know him after the age of 18, but they'll have to look after him," Judge Ní Chondúin commented sadly.

In earlier appearances before the court, the board queried the extent of the boy's brain damage suggested in a report commissioned from an independent expert.

"Yes," the judge said, remembering the health board's query. "I think the word 'lazy' was used."

Ms Molloy said the neurological expert had recently restated his findings of substantial brain damage.

The judge struck out the criminal charges because of question marks over his fitness to plead.

Looking to the young man, who still sat at the end of seat, watching proceedings out of the corner of his eye, Judge Ní Chondúin spoke softly.

"With that flat you have a facility which very few young people have. If you don't use that chance, you'll end up in custody if you don't co-operate."

"I will co-operate," the young man murmured.

"And you'll start staying in the flat?" the judge asked.

The boy nodded.

The aunt, meanwhile, looked disconsolately towards her nephew as he got up and shuffled out of Court 55.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent