A senior counsel has strongly criticised the Health Service Executive for its approach to allegations of abuse at a foster home in the southeast. Conor Dignam has issued his report to the Government on the case of "Grace", an intellectually disabled young woman who was left in a care home for 20 years despite it being the subject of serious concerns over sexual abuse.
The Irish Times has learned that Mr Dignam finds the HSE's handling of the claims meant "serious issues were not investigated as soon as possible and other serious issues have not yet been investigated".
Grace’s case was highlighted by two whistleblowers who alleged the HSE engaged in a cover-up of the abuse by deliberately destroying files. The protected disclosure by the two social workers also alleges 40 other service users may have been at risk in the foster home.
Two inquiries have already taken place into Grace's case but the reports by Resilience Ireland and Conal Devine have not been published by the HSE. Mr Devine was tasked with investigating the case and reported back in 2012. Resilience Ireland was asked to speak to all clients who had contact with the foster family concerned. It reported back in 2014.
The senior counsel finds the HSE’s procurement for the two reviews did not meet its own rules and did not ensure the best price was obtained. More damningly, it finds the HSE did not adequately ensure those carrying out the inquiries were independent.
Mr Dignam also finds that the failure by the Devine inquiry to speak to those who were also placed with the foster family resulted in a four-year delay. He notes that the approach by the HSE to the investigations – in particular the inquiry by Conal Devine and Associates – was inadequate in all circumstances. He has told the Government there is no impediment to the publication of the reports.
There is a Garda investigation under way into this case but Mr Dignam says there is no reason why the inquiries cannot be released, insisting publication is unlikely to interfere with a fair trial.
The Government appointed the senior counsel in June 2015. In February of this year, Taoiseach Enda Kenny committed the Government to establishing a commission of investigation into the case.
The scope of Mr Dignam’s work did not include examining the specific allegations of abuse made but rather the terms of reference for a potential commission. His report will be discussed at Cabinet today and will be published later this evening. The terms of reference for the commission have not been decided by Government and could take a number of weeks to complete.
