An independent State report into the ‘Grace’ foster abuse scandal has found the HSE failed to properly investigate claims of cover-up, writes Fiachra Ó Cionnaith and Daniel McConnell of the Irish Examiner.
The report also found that they failed to properly investigate the alleged “deliberate destruction of files”, and threats to pull funding for the whistleblower who repeatedly highlighted the controversy.
The Conor Dignam report into the serious abuse in the south east has drawn the conclusions in addition to calling into question the independence and adequacy of still unpublished HSE investigations into the case, and calling for a full State investigation into the scandal.
The report, which has been repeatedly delayed since it began 16 months ago due to legal red tape and claims the HSE failed to provide all records in the case, is due to be published this evening after it is signed off by Cabinet.
However, a copy of the memo to Cabinet seen by the Irish Examiner confirms Mr Dignam – who is a senior counsel and sole author of the report – has raised serious concerns about a raft of issues surrounding the investigation.
The report, which stretches to more than 200 pages, specifically states:
* two still unpublished HSE commissioned reports into the controversy, by Resilience Ireland and Conor Devine, “did not meet [the HSE’s] own stated procurement rules” and “were not adequate to ensure the independence of those carrying out the review”.
* while the “approach adopted” by the Resilience Ireland review was “appropriate and adequate”, the terms of reference given to Conal Devine and Associates by the HSE “give rise to specific issues of concern”. Specifically, Mr Dignam concludes they were “inadequate in all circumstances” and meant “serious issues were not investigated as soon as possible”.
* these “serious issues” include “allegations of a cover-up, the alleged danger of a deliberate destruction of files, allegations the decisions were made by the HSE in the best interest of the HSE and not the service user” and “an alleged threat to the funding of a service provider”. This service provider is understood to be the whistleblower who raised the foster abuse concerns.
* further inadequacies in the HSE investigations meant the families of 40 other vulnerable children and teenagers placed with the foster family at the centre of the abuse claims saw any examination of their own cases delayed by “almost four years”.
* that while the HSE’s general policy to not publish any investigations when gardaí advise doing so may impact on a criminal investigation has “merit”, no “exploration” of the garda opinion took place. Mr Dignam concludes publishing the long-delayed HSE reports is unlikely to “fatally interfere with a fair trial” and that there is “no civil law bar to publication”.
As a result of the report conclusions, Disabilities Minister and Independent Alliance TD Finian McGrath will today tell Cabinet he is directing his officials to prepare draft terms of reference for the commission of investigation into the ‘Grace’ foster abuse case.
He is also writing today to the HSE asking for a “comprehensive response to him within two weeks” to the eight recommendations in the full report.
These recommendations focus on the HSE’s procurement policy, its rules and administrative procedures in relation to inquiries.
The commission of inquiry was promised by Taoiseach Enda Kenny before February’s general election and has the support of all Dáil parties.
The allegations in the foster abuse case centre around a woman with severe intellectual disabilities, given the pseudonym ‘Grace’, who was alleged sexually abused, assaulted internally with a blunt object causing life-limiting injuries and at one stage forced to live in a cubby hole underneath the foster family’s stairs.
‘Grace’ lived with the foster family from the late 1980s until 2009, despite concerns being raised about the family – who also housed more than 43 other vulnerable children and teens at different stages during the period – being raised as early as 1992.
While all placements with the family were meant to end in 1995, ‘Grace’ continued to stay at the home until 2009 while a second woman, called ‘Anne’, stayed for respite care until 2013.
Several senior child-protection staff who were responsible for overseeing care standards in the region at that time remain in their positions in the HSE and child protection watchdog Tusla.
