A senior counsel has recommended a wide-ranging inquiry be held into allegations of sex abuse at a foster home in the southeast, including allegations of a cover-up by the Health Service Executive (HSE).
In a 300-page report Conor Dignam outlines his preferred scope for a commission of investigation to examine the HSE’s treatment of an intellectually disabled young woman known as “Grace. The woman remained in the care of a foster family for more than 20 years despite allegations of serious sexual abuse.
Mr Dignam’s report outlines how Grace stayed there until 2009 despite a decision being taken in 1995 that no other child should be placed there.
He said commitments were given in November 1996 and in March 2001 to remove her but she remained. Grace was also placed on a waiting list for a residential placement but was taken off it in late 2004/early 2015. Mr Dignam said the rationale and the merits of this decision must be investigated by the commission.
He also suggests the proposed commission of investigation examine how many other people were placed in the care of the same foster family.
In his report he criticises the HSE for failing to appropriately investigate the allegations that more than 40 children were sexually and physically abused at the foster home.
He said the HSE commissioned a firm called Conal Devine and Associates in 2010 to inquire into the claims but said the terms of reference were inadequate and too limited. He said the agency’s terms centred on Grace’s case which meant “serious issues were not investigated as soon and as quickly as possible and that other serious issues have not yet been investigated”.
‘Inappropriate approach’
Mr Dignam was engaged by the Government in June last year to review Grace’s case. Last February Taoiseach Enda Kenny committed the Government to establishing a commission of investigation into it.
Two previous inquiries have been carried out. Conal Devine and Associates reported in 2012 and Resilience Ireland, which was asked to speak to all clients who had contact with the foster family concerned, reported in 2014.
Mr Dignam found Mr Devine’s report was appropriate but said the HSE’s approach to the inquiry was inadequate. Mr Dignam also examined the report by Resilience Ireland and found members of that inquiry team were “too close to HSE management”.
Mr Dignam writes in his report: “There is no evidence that those or any members of the team had regard to such interests to the detriment of the inquiry but putting them in that position was an inappropriate approach and gave inadequate protection to the requirement for independence and objectivity.”
Mr Dignam said he could foresee no reason why the two reports cannot be published.
Two whistleblowers brought Grace’s case into the public domain through a protected disclosure.
Minister of State at the Department of Health Finian McGrath said the Government would act on Mr Dignam’s recommendations. He said he expected the terms of reference for the commission of investigation to be before Cabinet within weeks.
The HSE last night welcomed the publication of Mr Dignam’s report. “The HSE wishes again to apologise to Grace and her family for the failings identified and for the poor care received by those placed with the foster family.”
It also said that the HSE had not waited for the publication of the Dignam report or the two earlier reports in order to improve any deficiencies identified in childcare and disability services and to act upon their recommendations.