Judge approves care plan for suicidal teenage girl after warning authorities could have 'blood on their hands'

'The provision of the care...should not be dependent upon judicial involvement,' Sir James Munby says

Sir James Munby is the most senior family court judge in England and Wales (Photoshot)

A senior judge who said there would be "blood on our hands" if a safe place was not found for a suicidal teenager has approved plans for her care after a bed was found at the last minute.

Sir James Mumby, head of the family courts in England and Wales, said in his latest ruling that society should feel “ashamed” of the lack of protection she has so far been granted.

It was revealed last week there were no places available for the vulnerable girl in an “appropriate clinical setting” upon her release from secure custody, placing her at great risk.

The 17-year-old, known only as X, will now be placed in a secure unit under the mental health act.

Sir James handed down his judgement saying that the granting of care should not have to depend on the courts.

He spoke out last week after it emerged the teenager, who was “actively expressing a wish to die” and had made multiple suicide attempts, was set to be released back into the community.

The secure unit where she has been living has spent £125,000 on extra staff to care for the teenager, who is diagnosed with various personality disorders coupled with “borderline” learning difficulties.

The girl was placed in secure custody when her mother and social services were unable to manage her behaviour, which resulted in a number of criminal charges including for violence. One of her carers said she had never witnessed behaviour such as hers “in 32 years of practice.”

Three members of staff are said to be off work sick because of the “stress and anxiety” brought on by observing the girl, amounting to the loss of 111 hours of care time a week for the other residents.

An earlier hearing was told how unit staff had witnessed ”a profoundly disturbing and distressing scene when X self-harmed by repeatedly banging her head and face against the wall".

Staff said she must be checked every 50 seconds when she is in the shower.

The unit has said 13 young people also being detained at the centre complained the quality of the care they were receiving was ”in breach of their statutory rights“ because staff had to constantly attend to X and had less time to organise activities for them.

Sir James said that staff responsible for the girl were doing their best in “dire” circumstances, but expressed concern that her treatment could violate articles of the European Convention on Human Rights on “inhuman or degrading treatment” and the right to private and family life.

“Of course, this is all driven by the imperative need to preserve X’s life, but how is this treatment compatible with her humanity, her dignity, let alone with her welfare?” he asked.

Sir James said the local authority in Cumbria – in whose care the girl currently is - had failed to implement a “realistic care plan” to ensure the girl is safe on her release.

The special unit the young woman will be transferred to was not identified, but Sir James said the Youth Justice Board had “failed” to provide additional resources to maintain her safety in spite of repeated requests.

In his latest ruling, Sir James said: “I cannot escape the powerful feeling that, but for my (previous) judgement, the steps subsequently taken would have been neither as effective nor as speedily effective as appears to have been the case.”

He added: “This, however, is not a matter for congratulation; on the contrary, it is, of itself, yet further cause for concern.”

“The provision of the care that someone like X needs should not be dependent upon judicial involvement, nor should someone like X be privileged just because her case comes before a very senior judge.

“I emphasise this because a mass of informed, if anecdotal, opinion indicates that X's is not an isolated case and that there are far too many young women in similar predicaments. How are they to be protected?“

Following last week’s intervention, NHS England announced that efforts are underway to select a suitable placement from “a number of options” identified.

On Friday evening, Dr Mike Prentice, medical director for the NHS North Region, said: “Following extensive assessments, the NHS has identified a bed for this young woman in a safe and appropriate care setting which will best meet her needs.

"The bed will be available ahead of the release date."