Dáil Éireann díospóireacht -
Wednesday, 4 Oct 2000

Vol. 523 No. 2

Adjournment Debate. - Juvenile Offenders.

Mr. Hayes

I thank the Ceann Comhairle for selecting this important matter for discussion on the Adjournment. The purpose of this matter is to call the Department of Education and Science to account for its treatment of a 15 year old boy from my constituency. This child has repeatedly come into contact with the law on a number of public order offences over the past two and a half to three years. The child comes from a loving family who are completely frustrated at the lack of support given to them in their efforts to control and educate their son.

This case involves a normal family who have been unable to deal with the emotional, behavioural and educational needs of a child who has become a law unto himself over the past year. I draw the Minister's attention to the fact that this young person was before Tallaght District Court on 13 separate occasions between March and September this year. On four of these occasions, he was sent to Trinity House but was returned on each occasion because of the Department's failure to provide sufficient residential accommodation for him and other children in similar situations. This young person has not been at school since last February and it would be almost impossible for any school in the locality to take this child on board if he was released from his current accommodation.

In early September the young person in question was remanded for assessment to the national remand and assessment unit at the Child and Adolescent Centre in Finglas. I learned from a reply to a parliamentary question yesterday that the assessment of his needs was carried out on 29 September and that a report was made available to the court on Monday, 2 October. The assessment clearly identified the specific educational and rehabilitation needs of this person. It also recommended that a place should be made available in Oberstown boys centre in north County Dublin.

I understand today that no such place has been made available for this child at Oberstown. He remains in Finglas and while he is receiving some tuition at St. Lawrence's school, which, I understand, is within the Child and Adolescent Centre, a tailored programme of rehabilitation can only be put in place when he obtains a place in Oberstown.

I welcome the Minister of State's presence in the House and I ask her to outline when such a place will be made available for this 15 year old child. I also ask the Minister of State to respond to the reply to the parliamentary question yesterday in which the Minister, Deputy Woods, said that the court accepted the recommendations made and remanded the young person back to the national remand and assessment unit until 16 October 2000 pending the availability of a place in Oberstown. I ask the Minister to outline the position if 16 October comes and goes without a place being made available in Oberstown. Will this child be sent back to his parents in my constituency? I ask the Minister of State to deal with this question in her reply because that is the key issue.

This child has become uncontrollable of late. He needs residential care. It took a considerable effort on the part of the local judge in Tallaght to ensure that he finally got a place in Finglas. Following that assessment, it is clear that he needs much more specific and tailored educational attention at Oberstown. When will he get this?

The child is a danger to himself, his family and his community. He clearly needs high level support in an effort to change his behaviour. My notes on this case go back to February 1998 – I have the file with me – when I first attempted to obtain a place for this child in a special school in Dublin. On that occasion it took a considerable length of time before he received attention from the State. The case highlights the complete failure of the State to support parents who have difficult children, and they are a growing group of people within society. This problem child was passed around from one agency to another for a considerable length of time before action was taken.

I ask the Minister of State to respond to the points I made and specifically to ensure that adequate facilities are provided at Oberstown. The longer this child remains in Finglas, the more space he will take up for other children who should be attending the assessment centre.

Minister of State at the Department of Health and Children (Ms Hanafin)

I thank Deputy Hayes for raising this matter. The case he outlined is well known to the Department of Education and Science. The young man was remanded for assessment to the national remand and assessment unit at Finglas Child and Adolescent Centre where he was assessed by professionals with expertise in education, social skills, offending behaviour and relationships. The report, which was completed on 29 September 2000, was presented to the court last Monday.

As Deputy Hayes said, it identified that the child's needs would best be served by a placement in Oberstown boys centre where a tailored programme will be made available for him, which will encompass education, care and rehabilitative modules. These placements are normally for two years but in the absence of an immediate bed, the court accepted the recommendations made and remanded the person to the national remand and assessment unit until 16 October pending the availability of a long-term committal bed.

This is usual in so far as from time to time difficulties arise with accommodating placements for individual children on the first date on which placement is sought in any particular unit due to pressure on places on a given day. In general, the child in these circumstances is either subsequently placed in that unit or in one of the other facilities as an alternative to or pending the availability of a place in the original unit of preference. A short-term remand bed may be available in Oberstown on 16 October but a long-term committal placement will be available at Oberstown on 4 December 2000. In the meantime an interim education and care programme is in place for the child in the national remand and assessment unit.

Deputies will be aware that the Children Bill currently before the House will, when enacted, repeal the Children Act, 1908, and set out a blueprint for a new juvenile justice system. In addition to updating the provisions relating to young persons who have been sentenced by the courts, including the obligations of the centres under the aegis of the Department of Education and Science, the legislation will provide for a wide range of early interventions and non-custodial alternatives to cater for children coming into conflict with the law or who have serious care needs. It is based on the premise that the detention of a child should only be used as a last resort.

The Bill also provides for the establishment of a residential services board. Deputies will be aware that I established an interim board earlier this year which has met on five occasions and is already working to ensure that we have an effective and co-ordinated delivery of services to children with behavioural difficulties but who have not offended and those children who are young offenders.

The Department of Education and Science has responsibility for five centres which provide residential accommodation for young offenders up to the age of 16 or who are placed on remand or sentenced to detention by the courts. Plans for a major redevelopment and enhancement of the range of facilities under the Department have been drawn up to meet the obligations that will arise under the new legislation. These development plans provide for major refurbishment and updating of the existing facilities at Trinity House, Lusk and the care and education unit at Finglas; the phased replacement of the existing outdated facilities at the national remand and assessment unit in Finglas and the Oberstown boys and girls centres; the development of new pre-release units to serve the Finglas and Lusk centres and the development of a new highly specialised secure unit at the Lusk campus.

The overall development programme will extend over the next five years. Already the new pre-release unit at Finglas has been completed and is in operation since the middle of last year. The major refurbishment of two units at Trinity House has also been completed. It is important to note that while development work is being undertaken, there has been some cutback in the number of beds currently and immediately available. Design teams were appointed last year for the new secure unit at Lusk and for the new national remand and assessment centre to replace the existing national remand and assessment unit at Finglas. The architectural planning of these projects is being progressed with a view to the invitation of tenders from building contractors later this year. Arrangements are currently under way for the appointment of further design teams to progress the remaining elements of the development programme.

The above development plans, together with the development of a significant number of high support units and special care units and other services by the health boards, seek to broaden the range of facilities and services available for at risk children. There will be a net increase of 30 places in the provision for young offenders. The new and replacement facilities are being designed to allow for maximum flexibility in the use of the places to cater for fluctuating demand among the different categories in the future. The development of the high support units and special care units by the health boards will provide up to 110 additional residential places for 'at risk' children. When the Government came into power in 1997 there were 16 such places, but that has now increased to 65. Great progress is being made in that regard.

I am satisfied the developments outlined facilitate the additional provision which is needed. Services will be more co-ordinated in future. I am confident the Children Bill, the policy of early intervention and the support structures which are being put in place will ensure we can avoid children coming into the care of the State and that detention will only be used as a last resort. However, if detention is necessary or children need the care of the State, they will receive the best care and education provision possible.