Courts / Ireland / Report

Judge concerned that legal costs "far outweigh" dentist's bill at issue

Summary

In a High Court decision on 11 November 2016, Ms Justice Marie Baker overturned a District Court ruling that had refused to order the State to pay for orthodontic treatment for a 14‑year‑old boy in foster care. The foster mother had applied under the 1991 Child Care Act, arguing that the treatment was in the child's best interests after the boy was bullied for his protruding teeth. The District Court had declined to order the Child and Family Agency (CFA) to pay, citing separation of powers and the boy's failure to meet criteria for public treatment. Justice Baker found the District Court had jurisdiction under the Act and had erred in its decision. She noted that the legal costs far exceeded the €4,750 treatment fee and urged the CFA to conduct an independent review of the payment application. The foster parents, described as exemplary, have cared for the boy and his siblings for ten years.

Who, what, where, when and why

What: Report matter: Judge concerned that legal costs "far outweigh" dentist's bill at issue. Procedural stage: hearing_or_decision

When:

• 2016-11-11 Publication

Why: The action was brought by the boy's foster mother who said he needed the treatment because he was been bullied over his protruding teeth. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report