The child, known as Y, was physically and chemically restrained in hospital last month and, at points, was handcuffed and guarded by as many as 13 police officers, the court heard.
Other seriously ill children were moved to alternative hospitals across the north west of England due to the disruption and elective surgeries were cancelled.
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Judge Mr Justice MacDonald, who overturned an order authorising the deprivation of the boy’s liberty on the ward, said that he demonstrates “challenging, violent and increasingly self-harming behaviour”.
He has been diagnosed with epilepsy and “it is possible, although not definitively established” that he also has ADHD and autistic spectrum disorder.
The boy, who has been known to children’s services since 2011, was taken to A&E after attempting to harm himself and threatening suicide at his children’s home, the court was told.
“On arrival of the child and adolescent mental health services (CAHMS) practitioner at the emergency department Y was in full restraint with several police officers and staff. His legs were strapped together and his face covered with a guard to prevent him from spitting and biting. On the advice from the CAMHS practitioner, Y was given IV lorazepam following a discussion with the psychiatric consultant. Y was admitted to a paediatric ward,” the judge said.
Three days after his admission, Wigan Council received the court order authorising the deprivation of the boy’s liberty on the ward.
However, it was overturned by MacDonald just two days later.
He said: “It would border on the obscene to use a protective jurisdiction to continue the boy’s current bleak and dangerous situation simply because those with responsibility for making proper provision for vulnerable children in this jurisdiction have failed to discharge that responsibility.”
The council was told to find a specialist community placement for the boy.
He added: “Within this context, the adverse impact of the lack of appropriate provision that the courts have to wrestle with week in and week out in cases of this nature is now also impacting on the health and welfare of children and families who have no involvement with the court system.”
“Whilst the focus of this court is, and has to be, on the welfare of Y, it cannot be ignored that the situation that has arisen in this case by reason of an acute lack of appropriate resources for vulnerable children in Y's situation has impacted severely on many other children and families,” the judge said.
A copy of the ruling has been sent by MacDonald to Education Secretary Gavin Williamson, children’s minister Vicky Ford, Ofsted, chief children's social worker Isabelle Trowler and chair of the Care Review Josh MacAlister.
Highlighting the case, which was heard last month, in a submission to the Care Review’s Case for Change, the Association of Directors of Children’s Services (ADCS) said: “Demand for places in registered children’s homes is outstripping supply, and homes are increasingly reluctant to accept children with highly complex needs, particularly at short notice or in a crisis situation, for fear of jeopardising their Ofsted rating.
“This is particularly true for the cohort of young people on the edge of hospitalisation, criminalisation or a welfare secure placement who are not well served by existing frameworks or provision.”
The ADCS is calling for joint commissioning of services to support children’s welfare between social care, mental health and youth custody bodies, noting that “the Case for Change is strong on the systematic failings here and ADCS agrees with this”.
Wigan Council said a “more suitable” placement has since been found for the boy.
A joint statement from WWL Foundation Trust, Wigan Borough CCG, Wigan Council and Greater Manchester Mental Health NHS Foundation Trust added: “This has been a very complex and sensitive case and health and social care partners across Wigan borough have been working closely to try to safely resolve the situation and find a more appropriate place for this young person.
“All professionals involved in the care have been making decisions in the best interests of the young person, whilst also taking into consideration the difficult circumstances and the welfare of staff and carers.
“We are all pleased that a more suitable placement has been found and the young person was transferred there following the ruling, with a lot of ongoing support from social care, community services and mental health professionals. We hope that this helps them to transition well and get the long term help that they need.
“The judge hearing this case recognised the care and dedication shown by all professionals involved and expressed his gratitude for this.”
Colette Dutton, Wigan council’s director of children’s services said: “The warning signs are there across the country, urgent action is needed.
“Local authorities urgently need support and better regulation of the market. It should be remembered that at the centre of all this is the welfare of some of our most vulnerable children and the system should be responsive to their needs and not geared toward profit making in its current form.”
