High Court refuses to issue a declaration of contempt against the Child and Family Agency, despite acknowledging the Agency's failure to comply with multiple special care orders for a vulnerable child, the court finding that systemic issues prevented the child's admission to special care, including staffing shortages and pay rate constraints, and the original special care orders, intended to protect the child from serious risk and criminality, were not enforced due to these systemic challenges; and the court emphasised the importance of following established procedures for contempt motions, rather than granting a declaratory judgment in plenary proceedings.
Child and Family Agency - special care orders - contempt of court - systemic breach - High Court - ADHD - child trauma - judicial review - staffing shortages - public service pay agreements - procedural defense - declaratory judgment - plenary proceedings - Rules of the Superior Courts (RSC) - Childcare Act 1991 - Order 41 Rule 8 RSC - Order 44 RSC - Pepper Finance Corporation (Ireland) DAC v Persons Unknown.