Supreme Court allows mother's appeal finding Tusla in contempt over teenager's secure care detention
The Supreme Court allowed the appeal of a mother of a 15-year-old boy, holding that the High Court was in error in refusing to declare Tusla in contempt of court for failing to comply with an order for his detention in special care for nearly eight months. The boy had been at grave risk in the community while his care placements broke down, was selling class A drugs and voicing suicidal thoughts.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court27 Jan
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports17 statements extracted from the articles
- whatThe boy has attended primary school on only nine days in the current school year (irishtimes.com)
- whatThe boy has had an 89.8 per cent rate of absenteeism in the current year (irishtimes.com)
- whatAbsenteeism rates in the previous two school years were 59 per cent and 36 per cent (irishtimes.com)
- whatThe boy had been to school only once since Christmas and the last time before that was in October (irishtimes.com)
- whatThe boy was aged 11 at the time of the teacher's report (irishtimes.com)
- whatA teacher reported the boy was presenting as exhausted when he showed up (irishtimes.com)
- whatThe parents are separated and both go out to work during the day (irishtimes.com)
- whatA neighbour looks in on the boy to make sure everything is okay (irishtimes.com)
- whenTusla was legally obliged to apply for the boy's detention in special care in December 2023, when he was aged 14. (irishtimes.com)
- courtThe Supreme Court found in favour of the mother in her appeal against a refusal to find Tusla in contempt of court. (irishtimes.com)
- courtThe High Court conducts a weekly review of cases of 12- to 17-year-olds in the community with detention orders, and as of last week there were six such teens awaiting a space. (irishtimes.com)
- courtThe mother's barristers were Michael Lynn SC and Brendan Hennessy. (irishtimes.com)
- courtThe matter came before Judge Alec Gabbett in the District Court (irishtimes.com)
- courtJudge Gabbett warned the parents they faced having criminal records if their son does not start attending (irishtimes.com)
- otherThe boy was selling class A drugs. (irishtimes.com)
- otherThe boy was voicing suicidal thoughts. (irishtimes.com)
- otherTusla told the High Court it could not open enough beds due to an acute staffing shortage. (irishtimes.com)
The reporting
newest first- 27 Jan2025Mother whose son attended school nine times this year says expecting him in bed before midnight is ridiculous, court hears
Reports on the District Court hearing before Judge Alec Gabbett where Tusla prosecuted the parents; the matter was adjourned to the following month.
victim, 11, maleaccused, femaleaccused, male - 27 Jan2025Supreme Court finds in favour of woman alleging Tusla in contempt of court over detention of teenager in secure care
Supreme Court ruling on 27 January 2025 allowing the mother's appeal and clarifying that a declaration simpliciter is generally the best way to approach a contempt application involving a public body.
victim, femalevictim, 15, male