Irish Journal of Family Law (2008) 11(4) IJFL 84: Article: Exceptions to the Rule? The Role of the High Court in Secure Care in Ireland : Nicola Carr* 1 Exceptions to the Rule? The Role of the High Court in Secure Care in Ireland Nicola Carr * “The jurisdiction, which I have held, is vested in the High Court is a jurisdiction which should be exercised only in extreme and rare occasions, when the Court is satisfied that it is required, for a short period in the interests of the welfare of the child and there is, at that time, no other suitable facility.” (Hamilton C.J. in DG v Eastern Health Board and the Attorney General, Respondents [1998] 1 I.L.R.M. 241) Introduction This article explores the role of the High Court in the development of secure care in Ireland. Secure care is a form of civil detention for young people for whom there are real and substantial welfare concerns. The role of the High Court in this area began in the mid- 1990s, when it ordered the detention of a minor to “vindicate their constitutional rights”. Despite repeated commitments to legislate in this area, including the introduction of the Children Act 2001—the High Court still exercises its “exceptional jurisdiction” in the absence of a statutory framework. This article details the development of this role, situating this within the policy context within which it has arisen and exploring the significance of recent High Court decisions in this area. Vindicating Constitutional rights The civil detention of young people in secure settings was first mandated by the High Court in the mid-1990s, following judicial review proceedings brought by advocates of young people who were perceived to be at risk, and who were not receiving appropriate services. 1 These cases gave an opportunity for the High Court to