Judgment: 2023-10-25 · Court archive

High Court grants special care orders for three children amid bed shortage

Justice Jordan granted the orders sought for children B, M and F, finding the statutory requirements met. He refused stays in the cases of B and M; the judgment gives no stay ruling for F.

High Court · [2023] IEHC 632

Who, what, where, when and why

Who
  • The Child and Family Agency (Applicant)
  • B
  • M
  • F
What

Justice Jordan granted the orders sought for children B, M and F, finding the statutory requirements met. He refused stays in the cases of B and M; the judgment gives no stay ruling for F.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The High Court granted special care orders for three children on 25 October 2023, despite the Child and Family Agency telling the court that it lacked an available bed in the cases of B and M. Justice Jordan found the statutory requirements for the orders were met in all three applications.

The High Court granted special care orders for three children on 25 October 2023, despite the Child and Family Agency telling the court that it lacked an available bed in the cases of B and M. Justice Jordan found the statutory requirements for the orders were met in all three applications.

The applications were made under the Child Care Act 1991. In B’s case, the Agency had been compelled by an earlier court order to bring the application. It asked the court not to make the special care order because of the bed shortage, although it accepted that the order was required. The judge said the evidence met each statutory criterion and that B faced very serious risk. He declined to refuse the order on the basis of the Agency’s difficulty providing a bed, and granted it as sought. He also refused a stay, saying the matter was urgent.

In M’s case, the Agency likewise considered an order necessary but asked the court not to make it because no bed was available. The judge described the evidence as overwhelming and said M was in imminent peril and at great risk. He granted the order, with review dates specified in the draft order, and refused a stay.

The third application concerned F, who was 14. The Agency supported the order, and the guardian ad litem also supported it. The judgment records that F’s mother, who did not have custody, was notified but did not contact her solicitor. The judge found the statutory requirements met and granted the order. He directed that the draft include an omitted paragraph concerning Gardaí accompaniment.

The judgment does not set out the full terms of the orders or identify a placement for any of the children. It records no stay ruling in F’s case.

Read the original court judgment

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