01-08-2025
Teen who left care and lost follow-on housing tried to take their own life, court hears
A teenager with a personality disorder who left special care recently has lost their follow-on accommodation is using drugs, facing criminal charges, has been stabbed and has attempted to take their own life, the High Court heard.
The case, one of 15 involving the most at-risk children and young people in or just out of special care, illustrated why mental health legislation 'should be looked at again', said Mr Justice John Jordan on Thursday. UK legislation would allow that the young adult be detained for treatment, whereas in Ireland they must consent, he said.
The court heard the young person had been in special care – the most secure form of care where children at serious risk may be detained by the High Court for their own or the community's safety – for a number of years until the day before their 18th birthday.
They had a diagnosed personality disorder – which is not recognised for involuntary admission to a psychiatric institution. An assessment before leaving special care concluded the teenager had capacity.
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Aftercare went well initially but the young adult 'is making decisions which unfortunately were entirely predicted ... but ... making them as a capacitous adult,' said Paul Gunning, barrister for Tusla.
Brian Barrington, for the guardian ad litem, a court-appointed independent advocate for the young person, said the teenager was 'on a bleak trajectory' having stabbed themself and been 'stabbed by others' in recent weeks.
Shane Costello, for parents, said their child had been discharged without an assigned adult psychiatrist and still had no 'treating adult psychiatrist'. A GP had stopped prescribing antipsychotic medication due to the young person's illicit drug use.
'In summary it's fair to say bleak doesn't quite describe the situation ... [The parents] are distraught. They don't know what more they can do.'
Alan Brady, for the HSE, said the executive did not know how 'adding a psychiatrist' would 'assist' where a GP had stopped prescribing medication. 'The Mental Health Act very explicitly excludes detention in that [psychiatric] system for a person with a personality disorder.'
The situation underscored the difference between Irish and UK mental health legislation, said Mr Justice Jordan. He was not saying UK legislation was better.
'There is nothing that can be done without [the teenager's] consent, whereas in the UK that would not be so ... The legislation should be looked at again ... because this is happening on this list time and again. '
A teenager for whom a special care order was made two weeks ago remains unable to access a bed. Sarah McKechnie, for Tusla, said the teenager had left hospital, having been admitted after an overdose last week.
It was a 'matter of extreme urgency' that the child gets a bed, the court heard. No bed was likely until August 25th. Their parents have issued proceedings against Tusla for alleged failings in their child's care.
'It is completely unsatisfactory the order is not complied with,' said Mr Justice Jordan. 'This young [child] should be in special care and would be if [Tusla] had complied with the order that they applied for and got in this court.'
The parents of a young teenager missing from special care since last weekend are 'tremendously concerned', said barrister Donal Ó Muircheartaigh.
'They feel [the child] doesn't have a phone ... doesn't have money. Given the previous concerns around exploitation, they have significant worries in that regard.'
The judge said the parents had a 'legitimate complaint' that they were not told their child was missing for more than 24 hours 'not least because they may be able to assist in locating [the child] if they know when [they] goes missing'.
