Dáil Éireann Debate, Tuesday - 7 July 2015
297. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if there is a clear boundary between mixing children of younger ages with those turning 18 years of age in Oberstown schools. [27568/15]
Amharc ar fhreagraThe question of where a child resides while detained in a children detention school is a matter of individual professional assessment and regular review by Oberstown management in each case. Relevant criteria include whether the child is remanded in custody or serving a sentence of detention, the age of the child, any physical or mental health issues presenting, the child’s educational background, the nature of the offences involved, the pattern of offending behaviour, the length of time to be served in custody and any physical or mental health issues.
A small number of young people are occasionally in custody on the Oberstown campus in excess of the age of 18 years. This could arise where the young person in question is remaining on the campus under section 155 of the Children Act 2001, which provides that young people may remain under certain conditions past the 18th birthday in a children detention school for a maximum period of 6 months. Such young people remain within the legal definition of a child for the purposes of Part 10 of the Children Act 2001. The purpose of this provision is to minimise the progression of children into the adult prison system. This factor is taken into account when deciding and reviewing where individual children in custody should reside, along the other criteria outlined above. However, it should be noted that age is not the only factor considered and all relevant criteria are taken into account on an individual basis as part of the child focused model of detention that is in place on the Oberstown campus.
