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Supreme Court dismisses appeals from High Court, and affirms the grant of 'special care orders' in respect of two children with particular needs, where: (a) the Child and Family Agency had been in clear breach of the relevant legislation in failing to apply to the High Court for such orders; and (b) the fact that the CFA considered it did not have adequate staff to comply with the orders was a matter for enforcements and the CFA did not have discretion to refuse to comply with the clear terms of the legislation.
Hogan J (nem diss): Fate of vulnerable teenage children - requirement of special care order - difficulties in retaining appropriate staff - rates of pay - whether Child and Family Agency (CFA) justified in not making applicatoin for special care order in the first instance - whether High Court justified in making order for special care even where not place available due to staff shortages - Part IVA of the 1991 Act, as inserted by s. 10 of the Child Care (Amendment) Act 2011 - parent of one child in prison - child found in house of known sex offender and taken into care - history of abuse and neglect of child - threats by child on staff members - procedure for finding placement for child - Article 42A.1 of the Constitution - best interests of the child - civil detention of vulnerable children - whether CFA should have been directed to make an application to the High Court.
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