Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Special care involves the detention of a child for his or her own welfare and protection in a special care unit with on-site educational and therapeutic supports.

Special care units provide secure residential services to children and young people who are in need of specialised targeted intervention. Children are detained in special care if their behaviour is deemed to pose a risk to themselves. The detention by order of the High Court of a child in a special care unit is considered as a last resort and is intended to be for as short a time as possible. Such detention is resorted to when other forms of residential or community care are considered to be unsuitable. Special care units are inspected annually by HIQA pursuant to section 69 of the Child Care Act 1991 and the inspection reports are published. I note that I have just signed a letter for Deputy Thomas Broughan on a question he put down last week on the number of children who are receiving care abroad. He will receive the letter today.

The Deputy refers to the judgment in the case of Health Service Executive v. WR (2007) IEHC 459. I understand the judge in the case was complimentary of the HSE on the manner in which cases were being dealt with and the offer of the HSE to produce an annual report on these matters was not taken up by the court. I emphasise that since the delivery of that judgment, the ongoing procedures for dealing with special care applications to the High Court have evolved. All cases in which the inherent jurisdiction of the High Court has been invoked to effect special care placements are now listed for mention before the court on a monthly basis. Deputy Caoimhghín Ó Caoláin asked a priority question on this topic previously and I am happy to confirm to the House that there are no children on the waiting list currently. Any child in need of special care is receiving it. In circumstances in which each case comes before the High Court every month, the need for an annual report has been obviated.

The HSE produces an annual review-of-adequacy report pursuant to section 8 of the Child Care Act 1991. The report includes a particular chapter on special care. There is ongoing examination by both HIQA and the HSE. A great deal of work has been done by HIQA examining standards in the three special care units and there have been significant and necessary improvements in recent times.

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