Child’s special care orders upheld and discharge application refused

Court of Appeal upholds two special care orders issued by the High Court concerning a 16-year-old child, affirming the original decision to detain the child in a special care unit. The Court also upheld the High Court's refusal to discharge the first special care order. The child, not yet placed in special care and currently in England, had challenged the orders on the grounds that no special care placement was available and that the orders were being used to facilitate his return to Ireland to face criminal charges. The Court found that the lack of an immediate special care placement did not preclude the issuance of the orders and that the orders were not made with the dominant purpose of subjecting the child to the criminal justice system. Additionally, the Court ruled that the child lacked standing to apply for the discharge of the special care order and that the High Court acted within its jurisdiction in appointing a guardian ad litem while also granting the child the rights of a party in the proceedings.