High Court finds Tusla in contempt of court

The High Court has declared the Child and Family Agency, Tusla, in contempt of court for its failure to secure appropriate placements for vulnerable children, a situation that legal sources suggest is unprecedented for a state agency. The ruling came after legal action was taken on behalf of three children who had special care orders issued by the court.

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it is believed to be the first time a State agency has been held to be in contempt of court.

While Ms. Justice Emily Egan noted that the children involved have since received placements, she emphasized that the issue is systemic and recurring. She highlighted that approximately five to seven children weekly still face a lack of available special care beds despite court orders. The judge expressed hope that the declaration of contempt would prompt meaningful change and a heightened sense of urgency within the agency and the state.

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it was a seminal judgment and he hoped it would give rise to significant change.

Solicitor Brian Keenan, representing one of the children, described the judgment as "seminal" and a significant victory for the vulnerable children. Special care provides a secure therapeutic environment for children whose challenging behavior poses risks to their well-being. Ireland has 26 special care places across three units, but staff shortages mean they are frequently not operating at full capacity. At the time of the events in the ruling, only 16 beds were operational, with staff leaving almost as soon as they were recruited.

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it was a significant victory for the voices of the vulnerable children his firm represented.

The judge pointed to the "human tragedy" at the heart of the proceedings, a situation that has been ongoing in the courts for over seven years. High Court Judge John Jordan maintains a weekly "no beds" list to track children awaiting special care placements, many of whom face significant risks due to their circumstances. The article details the specific cases of three children, including one involved in drug activity and facing threats, and another exposed to domestic violence and at risk of criminal exploitation, underscoring the critical need for these secure placements.

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such a declaration was likely to be taken extremely seriously by the agency and by the State and she said it should give rise to meaningful change and a heightened sense of urgency.