Cases

Case Reports 2024 Volume 1

Reporters from the Child Law Project attend cases in District Courts around the country selected on a random basis, and cases in the High Court involving children and young people in secure care and those made Wards of Cou rt. We publish below the latest volume of case reports.

Given the nature of some of the cases, which can go on for many months with multiple adjournments, not all reports published below are complete, but rather reflect what happened in court on that day. We categorise the reports under six headings and multiple sub-headings, several reports could have been categorised under more than one heading.

Introduction

Appeals

1. Supreme Court upholds High Court judgments that CFA must apply for special care orders for troubled children who need such care
2. Circuit Court dismisses parents’ appeals against District Court care orders for two teenage children until the age of 18

Care Applications – Child Abuse and Neglect

Supervision Order

3. Supervision Order granted where young child had effectively missed two years school

Emergency Care Order

4. Emergency Care Order for newborn baby while mother under psychiatric care, interim care order granted later

Interim Care Orders

Initial Interim Care Order

5. Adjournment of interim care order hearing to allow mother engage with CFA
6. Interim care order made for baby of immigrant parents where older children alleged neglect, physical and sexual abuse
7. Interim care order for boy from war-torn country after supervision order not complied with
8. Interim care order on consent for child in care since birth; placement questioned after sexual content found on child’s iPad; judge seeks agency review of case

Extensions of Interim Care Orders

9. Judge initially refuses to grant full extension of an interim care order because of a lack of an allocated social worker or team leader
10. Interim care order extended for only two weeks as assessments and information on placement registration awaited
11. Interim care orders extended for two weeks for two boys where court heard of threats and pressure from father to engage in criminality; one child speaks to judge
12. Interim care order extended for teenager with gender dysphoria and engaging in criminal behaviour in unapproved placement; CFA acknowledges difficulties with SEAs
13. Interim care orders extended for four children with parents’ consent
14. Interim care order extended for unaccompanied minor
15. Interim care order extended while assessments awaited for refugee child, habitual residence to be established
16. Interim care order extended for a six-month-old baby with complex medical needs who remained in the children’s hospital
17. Interim care orders extended for two children with significant needs; judge critical of HSE for projected year-long delay in providing service
18. Interim care order extended, trafficked teenager permitted to travel to visit her dying mother, care order later made
19. Four-month extension of interim care order for a one-year-old baby who had suffered serious injuries
20. Interim care orders extended for four siblings living in residential home
21. Interim care orders extended for six children, reunification possible
22. Judge extends interim care order for one child, orders a further review of the supervision order for second 

Care Orders

23. Care order till 18 for infant whose parents had been in care
24. Care order for child whose mother deceased, no father identified
25. Care order for child born as a result of rape, mother favours adoption
26. Care orders to 18 for five neglected children who had been under supervision order; father sought short orders
27. Care orders granted for three children where concerns for mother’s mental health
28. Care order for teenage boy where mother is homeless
29. Care order till 18 for teenager being supported in musical ambitions
30. Care order granted for a 14-month-old child to the age of majority, mother has intellectual disability
31. Care orders granted for two children where CFA first alerted to issues in 2017; reviews sought of decisions made before and after care applications made
32. Care order and aftercare plan for girl where sexual exploitation under investigation
33. Care orders for three children following failure of reunification of mother with one child
34. One-year care order granted for child who needed to travel abroad for life-saving medical treatment
35. One-year care order made for teenage boy who was living as a recluse in a virtual gaming world

Proceedings concerning Children in Care

Enhanced rights

36. Enhanced rights granted to foster parents who described child as part of their family

Transfer of jurisdiction

37. Judge transfers jurisdiction to UK for child born in Ireland, whose parents came here to evade UK social services and potential adoption of the child

Access Applications

38. Judge refuses mother’s application for increased access to three teenage children
39. Access for mother increased where judge states CFA took side of father against mother
40. Judge praises teenager’s mother for positive steps taken to improve her life in order to form a bond with her daughter

Appropriate Placements

41. No appropriate placement for boy with challenging behaviour facing criminal charges
42. Six placement changes in six weeks for two children aged two and three years
43. Judge orders urgent review to take place within two weeks for teenager in a placement unsuited to her needs
44. Dublin District Court judge reluctant to make order for vulnerable girl in special emergency arrangement
45. Judge concerned about suitable placements for five children as successive extensions of interim care orders sought, weekly extensions only granted
46. CFA misled on supervision of non-verbal autistic child in private placement; placement abruptly ended
47. Judge considers residential placement for child with serious special needs at home under supervision order; problems for siblings; no placement found
48. Teenager’s case re-entered following placement break-down amid risk-taking behaviour, judge has “no words” for her situation

Re-entries, Judicial Directions, Reviews & Section 47 Applications

49. GAL appointed to hear voice of child with special needs whose mother refused to accept directions in earlier supervision order
50. Judge directs child travel by taxi to school to end of academic year following placement breakdown
51. Mother’s consent dispensed with to allow child go on holiday with foster parents; mother told to take down social media posts
52. Mother directed not to attend the church for child’s First Holy Communion; attend a party on the day before instead
53. Judge advises parents of child in care at home to apply for legal representation immediately
54. Judge hears boy’s allegations he was subjected to bad experiences in foster placement
55. Judge directs CFA to fund private speech and language therapy if HSE Children’s Disability Network Team could not provide it within 12 weeks
56. Court hears of a “spectacular example of statutory agencies not working together” in case of autistic teenager
57. Judge critical of Child and Adolescent Mental Health Service (CAMHS) for delay in issuing report following assessment of child in care
58. Judge joins CAMHS as notice party to explain why a child on priority list for over 18 months had not received any service
59. Child with complex needs did not meet threshold under joint protocol between CFA and HSE
60. Review hears of ongoing problems in providing home tuition for anxious child
61. Review of care orders for two young children where placement moved.
62. Application renewed and further adjourned to lift in camera rule to refer CFA Signs of Safety policy to Ombudsman for Children

Unallocated

63. Large number of cases re-entered in Dublin District Court because no allocated social worker
64. Two cases re-entered by court because no social worker allocated, in one mother had turned her life around

Aftercare

65. After-care plan to include arrangements for art classes and updated medical report for talented teenage girl
66. Judge directs CFA to pay full after-care allowance to young person thought by CFA to be vulnerable

Special Care

67. Special care system “in crisis”, lack of special care beds “a tsunami about to reach shore and nothing is being done” – High Court judge
68. Special care application to be forwarded to the committee ahead of release of a troubled teenage boy from remand
69. Court hears of lack of special care bed for boy missing in care; judge outlines questions for SEAs
70. No bed for very vulnerable girl under special care order; allegation she had been raped while in care, fear of sexual exploitation; Judge: “This is the worst case I have ever come across.”