Young disabled girl left in dark hospital room due to 'stand-off' between State agencies
Court case from 2021 highlighted as an example for the need of change for child welfare services
The revelation that a young person with a range of disabilities was put in a dark room alone for 60 days in one Irish hospital has shocked people throughout the country.
In 2021, a teenager with multiple health and behavioural issues was left in a dark room off the emergency department in an unnamed hospital for two months. Her mother later brought a legal case to the High Court, regarding her daughter’s rights.
The latest volume of the Child Law Project reports, comprising 54 cases from the District Court and High Court, has just been published.
It includes a report on proceedings heard in 2021, in which the High Court heavily criticised the HSE for failing to meet the needs of a young girl with disabilities, who spent nearly 60 days in a dark room, off a hospital emergency department, as the HSE could not find her an alternative placement.
During this time, it was reported that the girl had not gone outside for fresh air was not given access to education or physical activity. For a period, she did not have a TV or access to Wi-Fi.
Dr Maria Corbett, CEO of the Child Law Project, said: “This case included a stand-off between two State agencies over who was responsible for providing care to a child with a disability.
“The High Court has ruled very clearly that the duty to provide disability services, including an appropriate residential placement, lies with the HSE, not the Child and Family Agency (CFA). The High Court, in line with international human rights law, stated that a child should not be admitted to care solely on the basis of their disability.”
Saying that this case in particular highlights the need for a “culture shift” away from departmental and agency separation, Dr Corbett said: “Our court reporting shows that a significant proportion of children in care have a disability and/or mental health needs, and so the CFA needs to access HSE services for these children.
“A more collaborative culture and new procedures are needed to ensure the CFA and HSE work jointly and promptly to plan and meet the needs of vulnerable children with disabilities.”