ABSTRACT
Judicial and legislative developments in recent years have made the functions, powers and duties of health boards a subject of legal analysis and debate in Ireland. This chapter focuses on the legal issues arising in litigation involving health boards and their responsibilities towards children since most of the recent legislative and judicial developments have arisen in that context. It considers the role of health boards in child abuse litigation, the duties of health boards to parents, the duties of health boards to children at risk, the duties of health boards and children in care, and health boards and children with special needs. The chapter strikes a fair balance between the competing interests of children, parents and health boards, whilst regarding the welfare of the child as paramount. In December 1997 the High Court commenced its hearing of the first civil action relating to child sexual abuse - McColgan v The Northwestern Health Board and Desmond Moran.
