Director of Public Prosecutions -v- A.B.

• Jurisdiction: Ireland
• Judge: O'Connor John J.
• Judgment Date: 02 October 2017
• Neutral Citation: [2017] IEDC 12
• Case Outcome: Approved
• Decision Date: 02 October 2017
• Court: http://justis.com/court/2844

[2017] IEDC 12

THE CHILDREN COURT- DUBLIN METROPLOITIAN DISTRICT COURT

DIRECTOR OF PUBLIC PROSECUTIONS (DPP)

APPLICANT

-AND-

A B

RESPONDENT

Background

1. The c hild defendant [AB] was born in 2000 and is now aged 17 years. His initials for the proposes for this written judgement have

been changed to protect his anonymity due to the fac t that only a small number of c hildren are at any time detained in special c are

units.

2. AB is currently residing in residence which is run by a charitable organisation. This is a placement organised by Tusla [“the Child

and Family Agency”]. The services provided offer a highly individualised developmental programme that supports his progression

towards adulthood and endeavours to equip him with the necessary skills needed for positive self-c are, independent living and social

integration. The placement involves a tailored daily plan which AB believes meets his needs and he has a positive relationship with the

staff of the residence.

3. AB has very supportive and st able parents who have struggled to manage their child’s significant needs particularly as he entered

adolescence.

4. AB also has a good relationships with his guardian ad litem, social worker and key workers. He has had the benefit of a wide range

of professionals such as an addiction counsellor. speech and language spec ialists and mental health professionals. AB has engaged in

risk taking behaviour and in particular has been reported as Absent at Risk [AAR] on several occasions which puts a strain on his

maintaining his placement. However he has also demonstrated a good awareness of identifying issues triggering his anger, physical

aggression and regulation of his emotions.

5. AB has a diagnosis of:

Autism Spectrum Disorder [ASD], a neurological, developmental disorder which affects how children communicate,

socialise and interact with others;

Oppositional Defiant Disorder [ODD], a patt ern of angry/irritable mood, argumentative/defiant behaviour, or vindictiveness

lasting at least six months;

Attent ion Deficit Hyperactivity Disorder [ADHD], which is a brain disorder marked by an ongoing pattern of inattention

and/or hyperactivity- impulsivity that interferes with functioning or development; and

Conduct Disorder [CD], an emotional disability charact erized by an inability to build or maintain satisfactory interpersonal

relationships with peers and/or teachers.

6. As a result of his diagnosis AB has severe difficulties managing his feelings and behaviours. He has a background history of below

average intellectual ability, speech and language impairment and dyslexia. He has a history of violent and aggressive behaviour and

has experienced emotional disability and suicidal ideation in the past.

Charges

7. AB was tried in the Children Court in the summer 2017 in respect of the following charges:

Garda AOR

Three criminal damage charges c ontrary to sect ion 2(1) of the Criminal Damage Act 1991 while residing at a care home in

the Spring of 2016;

Garda KC

One assault charge causing harm charges contrary t o section 3 of the Non –Fatal Offenc es Against the Person Ac t 2017

in the Spring of 2016 while residing at Spec ial Care Unit;

Garda KD

Two assault charges c ausing harm charges contrary to section 3 of the Non –Fatal Offenc es Against the Person Ac t 2017

in the summer of 2016 while residing at Spec ial Care Unit; and

Garda SM

A failure to appear at the Children Court contrary to section 13(1) of the Criminal Justice Act 1984 [as amended by

section 23 of the Criminal Justice Act 2007] while residing at a Special Care Unit.

There were also a number of c harges against AB which were dismissed on their merits.

Special Care Units

8. Acc ording to the c riteria for appropriate use of “Special Care” homes [“Special Care Units”] in a report [“ the HSE Document”] by

the Health Service Executive [“t he HSE”] dated 15th September, 2008, it states:

“Special Care Units are fac ilities where young people who are in need of special care or protect ion are placed with the

explicit objective of providing a stabilising period of short t erm care which will enable a young person to return to less