Cases

Case Reports 2023 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 Court. 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

Letter from District Court Judge

1	Introduction Letter from District Court Judge Dermot Simms of 17 May 2023

 

Care Applications – Child Abuse and Neglect

Emergency Care Order

2	ECO granted by Dublin District Court for four children

Supervision Order

3	Judge warns mother that breaching a supervision order is a criminal offence

Interim Care Orders

Initial Interim Care Order

4	Interim care order application for three week old baby withdrawn following agreement with mother
5	ICO granted for baby due to ongoing substance abuse by his mother
6	Interim care order for new born baby made on consent of vulnerable mother
7	Interim Care orders for six children where habitual residence being contested
8	Interim care order granted following disengagement by the mother from voluntary arrangement
9	Interim Care Order granted for two young children who were already the subject of a Supervision Order

Extensions of Interim Care Orders

10	Interim care order extended for a teenage girl in an inappropriate relationship
11	Interim care orders for two girls extended, application to move placement refused
12	Interim care order extended for teenage boy who was joyriding, interim care order also for sister

13	Interim care order for baby extended as parental viability assessment prepared for parents
14	Extension of an interim care order for teenage girl in residential care
15	Interim Care order extended while child assessed for sex abuse

16	Interim care orders for four children extended, reunification at forefront of professionals’ minds.
17	Interim care order extended for two girls in provincial town
18	Social workers seek international assistance to contact parents of infant in care and extended order
19	Separate parenting assessments sought as interim care order extended for infant
20	Interim care order extended as physical abuse revealed
21	Interim care order extended amid questions on paternity
22	Interim care order extended for four children currently in care following breakdown of voluntary care arrangement
23	Interim care order extended for four children, concern about drug use of fifth while in care
24	Interim care order for infant extended where reunification under consideration
25	Interim Care Order extended for boy where parental capacity assessment awaited
26	Interim care order extended for traumatised non-national teenager girl with complex needs
27	Interim care order extended for child with significant health needs
28	Interim care order extended for girl in third level education, pending full care order and aftercare plan
29	Interim care order for boy soon to be 18 extended amid concerns about drug use and suicide threats

 Care Orders

30	Care order for boy living with mother in care with relatives
31	Care orders for two years consented to by parents who commended for engagement
32	Care orders for four children made with agreement of parents
33	Dublin District Court judge grants a care order for young boy with the consent of his mother
34	Uncontested care order for young child where siblings also in care
35	Care orders for children where separation proceedings also ongoing amid conflict between parents
36	Care orders for teenagers who had experienced neglect, emotional abuse and exposure to violence
37	Care order in long-running case of girl with eating disorder extended for a further period of six months
38	Care orders for four children who witnessed serious violence
39	Dublin District Court grants a care order until 18 for young girl whose mother had been in care

 Separated Children

40	Judge appoints solicitor to unaccompanied minor
41	ICO extension for two boys seeking asylum while professionals consider whether they should be returned to Middle East
42	Interim care order extended in respect of an unaccompanied non-national youth, racial abuse alleged
43	District Court judge refuses to direct the Child and Family Agency to prepare an aftercare plan for an unaccompanied minor from Ukraine, on basis that the child was not in care

Proceedings concerning Children in Care

Appropriate Placements

44	GAL permitted by court to bring complaint to Ombudsman for Children about abrupt change in placement for young boy
45	Boy in emergency placement following breakdown of foster placement with relative
46	Bespoke placement sought for teenage girl abruptly evicted from placement
47	Judge directs CFA to immediately identify appropriate, long-term and regulated placement for three siblings
48	Case re-entered where teenager’s placement broke down; girl had 13 previous placements

Review & Directions

49	Judge orders report on failings in case, including failure to allocate a social worker; report to be sent to HIQA
50	Judge heavily criticises CFA during review of four children in care
51	Parents seek supports from HSE for child with autism in voluntary care
52	Judge concerned about denial of legal aid due to exceeding the threshold as interim care orders extended
53	Further review listed for complex case involving seven children in care; three eldest children to meet judge
54	Judge seeks progress on support for grandparent foster carers

 Costs

55	Costs awarded where legal aid had not been authorised, exceptional circumstances cited

Reunification

56	One child reunited with parents, work ongoing for reunification with three others

Aftercare

57	Judge directs urgent appointment of aftercare worker for child due to leave care system
58	Aftercare plan for a 17 year old with autism and a moderate intellectual disability who set to inherit grandfather’s estate
59	Aftercare plan approved for teenage girl
60	Aftercare plan for girl with history of self-harm and mental health issues

Domestic Violence Act

61	Judge directs service of a protection order on a father where wife too afraid to make the application

Mental Health Act

62	Section 25 of Mental Health Act order admitting boy with OCD to CAMHS in-patient unit
63	Girl suffering from anorexia nervosa admitted to hospital under Mental Health Act

Wardship

Introduction to Wardship

64	Package of “elaborate” supports agreed for young Ward of Court amid concerns he may not take prescribed medication; order made under Assisted Decision-Making (Capacity) Act
65	Lack of education raised during wardship application for boy in voluntary care with complex needs
66	Orders extended for young man with autism and eating disorder while adult wardship application being prepared
67	Wardship Young woman admitted to wardship in 2020 released from wardship in early 2023