Tusla faces finding of contempt of court over minor dealing drugs

High Court Reporters

A minor who gardaí believe is dealing drugs on the instruction of an older individual is not in a secure care unit, despite a judge’s order directing the placement, the High Court has heard.

The court heard evidence on Thursday from a senior garda at the hearing of two actions brought against Tusla, the Child and Family Agency, arising from its failure to comply with court orders directing that it place the vulnerable minors in special care.

In the action the children, through their mothers, are seeking a declaration that Tusla is in contempt of the court’s orders.

Highly troubled and vulnerable children aged 11 to 17 can be detained in a secure care unit, known as special care, on foot of a High Court order granted to Tusla.

Two such orders were made in respect of the children in recent weeks by Mr Justice John Jordan.

However, neither order has been complied with as there are no beds available for the two children at any of the State’s three secure care units.

Opening one of the children’s cases on Thursday, Joe Jeffers SC told Ms Justice Emily Egan that the minor and their family are facing threats on account of the minor’s drug dealing, and an apparent drug debt that the minor owes.

The minor’s family home was the target of a petrol bomb attack arising from this debt, Mr Jeffers said.

The child’s relationship with their family has broken down, and they are currently placed at a special emergency arrangement (SEA), the court heard.

Mr Jeffers, appearing with barrister Brendan Hennessy, said the minor’s behaviour has deteriorated since the making of the special care order, and has been charged with several criminal offences. “The consequences of non-compliance with the order are grave and serious,” Mr Jeffers said.

A senior garda familiar with the minor’s case told the court it was his belief that the minor is “under the control” of another older male, and is involved in drug dealing – in particular crack cocaine – on the instruction of this individual.

The garda said it appeared to him that this relationship was an “obvious” example of an offence under the Criminal Justice Act 2024, which makes it an offence to coerce a minor to engage in criminality.

The garda said he has commenced an investigation into the alleged offending.

However, as long as the minor is out in the community, it is difficult to progress the investigation to an arrest or detention, he said, for fear of harming the wellbeing or safety of the minor.

In recent weeks, since the making of the special care order, the garda said the minor has been observed dealing drugs.

The minor has been arrested on several occasions, and has been before the courts charged with offences relating to the distribution of drugs.

The garda added that he believes the minor to be breaching strict bail conditions arising from the charges.

Cross-examined by Seán Guerin SC, appearing for Tusla, the garda agreed that the minor was convicted of drug offences earlier this year.

Asked by Mr Guerin if remanding the minor in custody on foot of their breaches of bail and probation conditions might offer them “respite”, the garda replied that one would hope detention in special care would have that affect.

The garda added that the structure of a period in detention at Oberstown Children’s Detention centre would likely have a positive effect.

The child’s mother briefly gave evidence, stating that she felt her child’s behaviour had escalated in the last month.

“I’m crying out for help with my family because we feel we’re in danger,” she said.

The child’s brother said he noticed a change in his sibling’s behaviour around 2023. He gave evidence of being confronted and threatened by a group of young men, who told the brother the plaintiff minor owed money.

Opening the second child’s case, Michael Lynn SC said the minor has been involved in “worrying” levels of criminality, associating with a peer group engaging in thefts, assaults, and joyriding.

Mr Lynn said Tusla itself is of the view that the minor needs to be placed in special care to “protect [their] life”.

The child’s court-appointed advocate gave evidence that he was concerned the child is being criminally and sexually exploited, and has access to drugs and money.

The advocate told Mr Lynn, appearing with Alan Brady SC and barrister Nóra Ní Loinsigh for the child’s mother, that the child is currently placed in a special emergency arrangement (SEA), and does not have access to adequate levels of therapeutic care and threat they require.

Mr Guerin, appearing with barristers Sarah McKechnie and Paul Gunning, stated that Tusla accepted it is in breach of the special care order, but does not accept that it is in contempt of court orders.

The case was adjourned to January, when it is expected that Tusla chief executive Kate Duggan will be among the witnesses called by the agency.