Director of Public Prosecutions -v- A.B.

• Judge: O'Connor John J.
• Judgment Date: 02 October 2017
• Neutral Citation: [2017] IEDC 12
• Case Outcome: Approved
• Court: District Court (Ireland)

[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 t o protec t 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 c haritable organisation. This is a placement organised by T usla [“the Child

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

towards adulthood and endeav ours to equip him with the necess ary skills needed for positive self-c are, independent living and social

integration. The plac ement 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 part icularly as he entered

adolescenc e.

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 a s an addict ion 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 whic h puts a s train 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, dev elopmental disorder which affe cts how c hildren communicat e,

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 Hyperact ivity Disorder [ADHD], which is a brain disorder marked by an ongoing pattern of inatte ntion

and/or hyperactivity- impulsivity that interferes with f unctioning or development; and

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

relationships with peers and/or teac hers.

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, spe ech and language impairment and dyslexia. He has a history of violent a nd aggressive behaviour and

has experienced emotional disability and suicidal ideation in the pas t.

Charges

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

Garda AOR

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

the Spring of 2016;

Garda KC

One assault c harge causing harm charges contrary t o section 3 of t he 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 as sault charges c ausing harm charges contrary t o sec tion 3 of t he 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 t o sec tion 13(1) of t he Criminal Justice Ac t 1984 [as amended by

sect ion 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 we re dismissed on their merits.

Special Care Units

8. Acc ording to the c riteria for appropriate use of “Spe cial Care” homes [“Special Care Units”] in a report [“ t he 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 c are or protect ion are placed wit h the

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