'I had no choice': Mum had son prosecuted for arson to get him help for mental health problems
A mother felt it necessary to have her 14-year-old son charged over a serious arson at her home after she met with “closed doors” when she tried to get him help for mental problems, a court has heard.
The teenager, now aged 15, appeared at the Dublin Children’s Court.
Judge John O’Connor described the situation as a “sad indictment” after the mother explained her son was a “danger to himself and others” and needed help.
The boy was charged with stealing his mother’s car, damaging it and driving without a licence or insurance on July 3 last. He was also charged with arson of a shed and the gable end of his home in Tallaght, criminal damage to a bedroom and threatening to damage to his father’s home on another date.
Detective Garda David Jennings told Judge John O’Connor the teenager made no reply after he was charged today.
There was no objection to bail with conditions.
The court heard the Director of Public Prosecutions has recommended trial on indictment, meaning it should go to the circuit court which has tougher sentencing powers.
However, the judge at the Children’s Court would have to rule on the trial venue issue.
Judge O’Connor was furnished with a letter from the boy’s mother who explained difficulties she had accessing support services for her son's mental health problems.
Addressing the court, she told Judge O’Connor, “I felt at the time, I had no choice but to press charges to get help.”
“He was a danger to himself and others. I tried to access help previously but there was closed doors. Sorry, I had to use the justice system but I had no choice.”
An application for special care has been made and the woman has to attend a meeting next week, she said.
A youth worker, who has been assigned to help the boy, said the teen was engaging with the Assessment Consultation Therapy Service (ACTS).
ACTS is Child & Family Agency service that provides multidisciplinary consultation, assessment and focused interventions to young people who have high risk behaviours associated with complex clinical needs.
After listening to the mother, Judge O’Connor described their situation as a “sad indictment”
He described her as being at her wits but he told the teen that she loved him very much.
Judge O’Connor said the teen need a broad approach from his solicitor in relation to obtaining support services. The assistance of a psychiatrist and speech and language specialist may be necessary for his legal team, the judge said.
The criminal justice system, however, cannot be used for child welfare, he explained.
The teenager spoke once during the hearing saying “yeah” when Judge O’Connor remarked he had very serious issues that needed to be addressed.
He was remanded on bail with conditions including a curfew and an order to co-operate with support agencies
Disclosure of prosecution evidence to the defence was ordered and the teenager was remanded to appear again in January.
A hearing will take place at his next appearance to decide his trial venue.
The defence is entitled to make submissions under Section 75 of the Children Act to plead with the juvenile court to accept jurisdiction and not send the case forward on indictment to the circuit court.
This allows the boy’s lawyer cite age and maturity of the defendant as well as any other relevant factors in setting out grounds pleading for a serious case to remain in the Children’s Court.
