Tommy Broughan (Dublin North East, Independent)
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750. To ask the Minister for Children and Youth Affairs further to Parliamentary Question No. 6 of 13 February 2013, regarding the judgment in the case of Health Service Executive v WR (Neutral Citation (2007) IEHC 459) if his attention has been drawn to paragraph 52 of the judgment wherein the deciding judge said that the HSE was to produce a report on an annual basis in July of each year dealing with the manner in which the needs of young people at risk were being fulfilled in the provision of special care and high support services; the current status of any actions being taken by the Child and Family Agency to comply with this aspect of the judgment; and if the Child and Family Agency carries out surveys on a monthly or annual basis of the number of children in care potentially requiring a placement in special care or high support. [34756/14]

James Reilly (Dublin North, Fine Gael)
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The Deputy refers to the judgement in the case of Health Service Executive v WR (Neutral Citation (2007) IEHC 459), which was one of three judgments of the High Court, delivered by Mr Justice MacMenamin in 2007. In this particular case, in which a child was being considered for placement in a special care unit, the judge sought to establish the process whereby cases were prioritised by the HSE (now the Child and Family Agency).

In his judgement in the case, the Judge was complimentary of the HSE in the manner in which cases were being dealt with. The offer of the HSE to produce an annual report in these matters was not taken up by the Court. The ongoing procedures for dealing with Special Care applications to the High Court have evolved in the meantime whereby all cases in which the inherent jurisdiction of the High Court has been invoked to effect Special Care placements are listed for mention before the Court on a monthly basis. In these circumstances, the need for an annual report has been obviated.

The Agency produces an annual Review of Adequacy Report under Section 8 of the Child Care Act, 1991.This report examines the adequacy of child care and family support services, including special care and high support services. The determination of adequacy is an ongoing process of review and reflection in order to improve planning, development and delivery of effective services.