Tusla held in contempt of court over noncompliance with secure care orders

Tusla, Ireland's child and family agency, has been found in contempt of court for failing to comply with orders to place three vulnerable children in secure care. The High Court ruled on Friday that the agency's efforts to comply did not excuse its failure to do so.

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Tusla’s efforts to comply with the court orders did not excuse its failure to do so, and found the agency to be in contempt of court.

Judge Emily Egan stated that highly troubled and vulnerable children aged 11 to 17 can be detained in special care units upon a High Court order sought by Tusla. However, chronic staffing issues and a shortage of beds have made compliance difficult. This month, only 14 of the 26 beds across the state's three special care units were operational.

Lawyers for the three children argued that Tusla was in contempt for not placing them in special care, despite court orders granted late last year. These children faced "profound vulnerability, exploitation, trauma and risk." The judge acknowledged that while the children were eventually placed, the problem of noncompliance is "systemic, recurring."

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profound vulnerability, exploitation, trauma and risk

Tusla acknowledged its breach of orders and apologized, citing efforts to address staff shortages. However, the judge ruled that a contempt finding does not require deliberate or wilful disobedience. Good faith efforts do not preclude a contempt finding but can be considered in sentencing. Tusla failed to prove its breach was excusable.

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systemic, recurring problem