I am aware of the newspaper report to which the Deputy is referring concerning the care of children with severe behavioural problems. Under the Child Care Act, 1991, health boards have statutory responsibility for promoting the welfare of children who are not receiving adequate care and protection. A small number of children whom the boards have been endeavouring to assist cannot be appropriately cared for in the existing range of residential care centres.
Judicial review proceedings were brought against a number of health boards on behalf of some of the children concerned alleging that the boards were failing in their statutory responsibilities towards the children. The High Court has held that the Child Care Act, 1991 does not empower a health board to detain a child and that the State is under a constitutional duty to provide suitable secure accommodation for children who need to be detained for their own safety and welfare.