Tusla pays 'sizeable chunk' of €1.38m overseas placement for vulnerable teen, court hears

Gordon Deegan

Tusla, the Child and Family Agency (CFA) has commenced paying out each week on an estimated €1 million+ per annum cost for a bed at an overseas care facility for a vulnerable and at-risk teenager, but the bed has yet to be taken up due to legal hurdles, a court has heard.

At the Family Law Court in Ennis, solicitor for Tusla, Kevin Sherry, told Judge Alec Gabbett that Tusla is currently spending "a sizeable chunk every week until the child takes it up”.

The designated Tusla social worker in the case last month told Judge Gabbett that the cost to Tusla of accommodating the teenager at the therapeutic centre in Scotland will be £23,000 per week (€26,500).

On an annualised basis, this works out at £1.196 million (€1.38 million).

After hearing that the child has yet to travel to Scotland to take up the placement due to legal issues, Judge Gabbett said that the Tusla spending money on the bed and the teenager is not there yet “is not acceptable from an Ireland Inc perspective”.

Judge Gabbett said that the sooner the child goes there, the better.

He said: “It is a matter of State resources as well - if a bed is there and being paid for and the child isn’t getting to use the bed - that is very significant. You are paying for a service you are not using.”

Judge Gabbett said: “The child should be there and the public purse is spending money that could be otherwise better spent - let’s get our ducks in a row.”

He said: “We have been making very good progress all the same to be fair.”

Mr Sherry said that Tusla has received consent to the move from the Scottish central authority which stated that it has no objection to the placement.

Mr Sherry said that Tusla is seeking a more concrete consent from the Scottish authorities for the placement to proceed and confirmed to Judge Gabbett that he has jurisdiction to make the order giving the placement the go-ahead.

Mr Sherry told Judge Gabbett that he has legal authority to make the order, and it doesn’t require a High Court order as the placement is not a secure unit but for a voluntary therapeutic care facility.

Mr Sherry said that he would provide legal opinion on that to Judge Gabbett.

Judge Gabbett said: “If I have the law, I will make the order and it is definitely in the child’s interests to go because it is a very good place to be.”

Mr Sherry said that a mirror court order is required in Scotland for the move to proceed and work on that is proceeding. He said: “It is all in hand.”

Mr Sherry confirmed to Judge Gabbett that Tusla has approved the spend on the overseas placement since the case was last before Judge Gabbett in December.

Solicitor, David McCoy for the child’s independent voice in the case, the Guardian ad Litem said that all the developments so far are welcome, “but it does need to move faster than it is”.

He said that the presentation of the teenager is deteriorating.

Last month, the designated Tusla social worker told the court that the facility includes an on-site therapeutic school that is ADHD friendly.

She said: “We just don’t have that here.”

Judge Gabbett adjourned the case to February 5th.