Year:

2026

Volume:

1

Case number:

84

Categories:

Access, Autism, Lack Of Placement, Residential Placement, Special Emergency Arrangement

Case adjourned to clarify placement and regulatory issues while parents sought access and updates

Dublin District Court adjourned proceedings concerning three children to allow clarification of placement arrangements and regulatory issues, including engagement with HIQA. The court also emphasised the need to progress access arrangements and keep the parents informed.

The CFA solicitor said the matter was listed in respect of the placement. An alternative residential placement had been identified, potentially for a two-year period, with a possible derogation to allow the children to remain in that placement through primary school. The CFA sought a short adjournment to facilitate a meeting on these issues.

The mother was present and legally represented. Her solicitor said she wished to be kept fully informed. He noted that one of the children had a diagnosis of autism and that the mother was anxious to engage in planning and recommendations. He said there was currently no access in place and that she was very anxious to have this addressed. She consented to the adjournment.

The father was not present but was represented. His solicitor said his position mirrored that of the mother, including concern about the lack of access.

Counsel for the GAL outlined that related cases involving the same psychologist had raised issues about whether certain children met the legal definition of disability. In those cases, the in camera rule had been lifted and the court had found that the definition was met. A meeting with HIQA was imminent, and decisions about placement were being delayed pending that outcome.

The GAL said that if the same position applied in this case, one of the children might not need to be moved from his current placement. Another child, who had a clear diagnosis, required speech and language therapy. The GAL said it was expected that the CFA would not move the child until the HIQA issue had been resolved.

The CFA confirmed it would not move the child before the matter was clarified. It also confirmed that a meeting had been arranged to address access.

The judge noted the situation and the concerns raised in relation to placement and regulatory issues. He said further work needed to be done to address the parents’ concerns and to ensure access arrangements were progressed. He directed that the CFA clarify all outstanding matters with the parties.

He adjourned the case for a short period, with a further substantive listing already in place for later in the year.