Child Law Project executive director Carol Coulter stressed the need for increased investment in the courts system. 

She cited a case where the parents of a child attended court in a provincial town to participate in a hearing for an extension of an interim care order for their infant son. She said the parents had left by the time the case was called at 7pm. Ms Coulter continued: 

In another case, the father was not legally represented, as he exceeded the threshold for him to qualify for legal aid.

"We hope that the ongoing reforms to establish a family court and the review of the civil legal aid scheme will remedy these access to justice matters.”

A letter from recently-retired district court judge Dermot Simms also raised the issue of civil legal aid.

Mr Simms’ letter — to four government ministers, the Ombudsman for Children, and other State agencies — is included in the report published today by the Child Law Project.

He wrote: “A separate issue of concern relates to a limited number of cases where parents do not qualify for legal aid, notwithstanding that the CFA [Tusla, the child and family agency] are seeking to remove their children from their care. 

"Given the serious and complex issues which arise, it would seem that it would be desirable, in the interests of justice for both those parents and their children, that the scheme be extended to all proceedings arising under the Child Care Acts. Perhaps this might be reviewed and considered.”

Boy moved across the country

Among the reports was one involving a nine-year-old boy who was moved to a private facility in the north-west before being moved to a placement in the south-east of the country. Just two days’ notice was given ahead of the move.

According to the report on the case, “the move [from the north-west] followed the residential placement’s decision that the boy could not stay in the same room as another older boy, who had violent tendencies and was making weapons in his room.”

The report states that the judge in the case said it “could highlight systemic deficiencies and failings” and involved a boy “who had developmental trauma, who had recently been expelled from school, who could not get access to services and had been exposed to another aggressive boy”.

A complaint was made to the Ombudsman for Children over the case.

Teen had been in 13 placements

Another case involved a teenage girl whose mother and grandmother were both deceased and who has been in at least 13 different care placements.

Ms Coulter said that the project’s reporters are increasingly seeing examples of cases returning to court “as the placement has broken down or where the judge is keeping the case under active review as a means of ensuring agreed actions are followed through”.

The publication also contained reports in which judges raised concerns around State bodies.

Ms Coulter stated:  “In at least 10 cases published today, the judge expresses concern about the actions or inactions of state bodies. We believe this reflects a growing concern and frustration on the part of the judiciary.”

Further case studies highlight systemic challenges 

1. Judge criticised delay in care order application for unaccompanied minor

A judge has criticised Tusla, the child and family agency, for a delay in bringing an application for an interim care order for an unaccompanied minor who arrived in Ireland more than a year ago.

The boy arrived from an African country and became known to Tusla in June 2022. An application for an interim care order was made in the first quarter of this year.

The judge in the case “heavily criticised the child and family agency for an unjustifiable delay in bringing the application”, according to a report on the case published by the Child Law Project.

When asked by the judge why the application had taken so long, the social worker said there had been no allocated social worker to his case until it had been allocated to her a few weeks previously.

The report said: “She said that she had made all the necessary inquiries and was satisfied that the minor was unaccompanied in the State.

"She then initiated the interim care order to formalise his care.

“He had been placed with a foster family and had been doing exceptionally well. He had been enrolled and had attended school.” The report continued: 

The judge said it was quite unacceptable that there had been such a delay.

“The social worker confirmed that the boy’s English had significantly improved but she had used an interpreter to explain the application to him. She thought that he had a good understanding of his position.

“The judge said that given his age he would be able to give instructions to a solicitor to represent him in these proceedings and appointed a solicitor to him.”

The judge granted the interim care order for 28 days.

 

2. Girl's placement ended while she was at school, and her belongings left in black bags

A court heard that a girl whose care placement was ended while she was in school could not return to collect her belongings, which were put in black bags, according to the Child Law Project.

The report outlined: “The teenager had been in the care of [Tusla] for some time, including in secure care. She had had a troubled history with numerous placement breakdowns and a history of absconding from her placements. Her mother and father had a toxic relationship and were both serving prison sentences.

"Following the termination of the placement, the teenager spent the first night in a hotel. 

"A special emergency arrangement was subsequently entered into and the teenager would be able to stay there for one week with an extension for one further week. The girl had been referred for psychological and psychiatric assessment.

“At a further review of the case, the court was informed that there were also criminal charges pending in relation to a number of assaults the teenager had allegedly carried out on the staff of the service provider. The judge asked that the other judge [hearing the criminal case] be made aware of the circumstances of the termination of the placement.”

The judge in the case asked Tusla’s lawyer to report the details of the ending of the placement to Hiqa.