The High Court ordered the secure detention of an anonymised 14-year-old boy at Ballydowd for 18 months, with monthly reviews and “mobilities” at the director’s discretion. The order followed an application by the Health Service Executive (HSE) that had initially sought detention for one month.
The judgment, delivered by Mr Justice Garrett Sheehan on 2 November 2009, concerned S.N., a minor, and his mother, A.N. Carmel Murphy was named as guardian and next friend of the boy. The judge said the HSE had first told the court it was seeking, among other relief, an order placing S.N. in a residential treatment centre in Nebraska. His mother opposed that proposal, while the guardian ad litem supported it. The court was also told S.N. did not want to go to Boystown in Nebraska.
After S.N. presented himself at Ballydowd on the night of 5 October and refused to return to his HSE placement in Donnybrook, another judge granted an application to detain him there. At the hearing on 7 October, the HSE sought only a one-month detention order, supported by S.N.’s mother and guardian ad litem. The jurisdictional question about ordering placement in the United States therefore did not arise, the judgment said.
The judge heard evidence about S.N.’s history of placements and the periods when he had experienced greater stability. A three-year foster placement in County Mayo, from May 2004 to May 2007, was described in a guardian ad litem report as his most stable period to date. The judgment said he attended local school and had a positive bond with his foster carers, though he continued to struggle with peer relationships. It also recounted evidence that increased access with his mother had placed pressure on him and contributed to the placement’s eventual breakdown.
The court also heard evidence about an eight-month stay at Ballydowd from April to December 2008. A social worker and the centre’s director attributed his progress there to relationships with staff and peers and his sense of safety. The judgment noted that reports described a serious deterioration in his behaviour after his release.
The judge said the evidence showed S.N. needed secure detention for a lengthy period. Although the application was for one month, he concluded that S.N. needed at least 18 months, with the possibility of transfer to another institution if shown to be in his best interests. He ordered detention at Ballydowd for 18 months, subject to monthly review, and gave all parties liberty to apply. The judgment did not order the proposed Nebraska placement.