Minister for Health and Minister for Disabilities publish two Substantive Interim Reports of Commission of Investigation (Certain matters relative to a disability service in the South East and related matters)
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From: Department of Health
- Published on: 1 October 2021
- Last updated on: 5 October 2021
The Minister for Health, Stephen Donnelly TD, and Minister for Disabilities, Anne Rabbitte TD, have today published two Substantive Interim Reports provided by the Commission of Investigation (Certain matters relative to a disability service in the South East and related matters), “the Farrelly Commission”.
These reports have been provided by the Commission ahead of the completion of its final Phase One Report. Set up in March 2017, the Commission is investigating issues around the provision of care to “Grace” in a former foster home in the South East, which has been the subject of abuse allegations.
To allow for the completion of its final Phase One Report an extension has been granted until July 2022.
The first Substantive Interim Report covers the period 1989-1996 (at which point Grace reached adulthood) during which State childcare policies of the time governed the responsibilities of public authorities regarding her care. The Report provides information on the methodology and context of the Commission’s investigation, including the role of public authorities in Grace’s care and protection, the arrangements whereby her foster home was identified and used, statutory checks and duty of care responsibilities, and how the relevant public authorities interacted on her care during this period.
The second Substantive Interim Report represents findings by the Commission on a range of matters relating to the role of public authorities in the care and protection of Grace over the period 1997-2007. National policy regarding the care of adults with intellectual disabilities governed the administration of care for Grace over this period, and the Report appraises the care provided by public authorities in that context.
The Ministers note that “Grace” is in receipt of both residential and multi-disciplinary supports based on assessed needs. This support is provided via a Section 39 provider organisation but with the support of HSE services in CHO 5.
Reflecting on the findings by the Commission, Minister Donnelly expressed his concern over the failure at that time, by the South Eastern Health Board, and subsequently the HSE, to adhere to their statutory obligations.
Minister Donnelly said:
"These reports point to a series of historic systematic failings on the part of the various public bodies. National policy in relation to the care of children and adults with intellectual disabilities has developed significantly over time since the periods covered by these reports, including the establishment of a National Safeguarding Policy, including safeguarding committees in each CHO, the appointment of a Confidential Recipient, and the establishment of a National Independent Review Panel (NIRP).
"Both my department and the Department of Children, Equality, Disability, Integration and Youth will be working closely with the HSE and with Túsla, to confirm that the Joint Protocol for Interagency Collaboration between the HSE and Túsla addresses any of the findings not already reflected in regulatory change over the period since this case was first brought to light."
The Ministers also expressed the importance of the work of the Commission and the eventual receipt of a Final Phase One Report in July 2022.
Minister Rabbitte commented:
"These Substantive Interim Reports represent the first findings by the Farrelly Commission, and we have an opportunity now to engage with the relevant organisations and care providers to discuss the findings, the evolution of care in the interim, and confirm that we have addressed the circumstances which enabled this situation to arise in the first place.
"However, the work of the Commission has yet to conclude on a number of important issues relating to Grace. In particular, we are awaiting its findings in relation to the care provided to Grace by the foster family and whether she suffered abuse. This is one of the most important issues to be considered by the Commission and there is significant interest in its resolution."
Notes
Notes for Editors
SI No 96 of 2017 Commission of Investigation (Certain matters relative to a disability service in the South Est and related matters) (“the Farrelly Commission”) was signed by Taoiseach Enda Kenny on 21 March 2017. The Commission was established under the Commissions of Investigation Act, 2004 (No. 23 of 2004).
The Commission was established to investigate the care and protection of “Grace” (pseudonym) and others in a former foster home in the South East, which has been the subject of abuse allegations.
The Farrelly Commission is a statutory Commission of Investigation and is independent in undertaking its functions under the legislation and its Terms of Reference.
The Chair and Sole Member of the Commission is Marjorie Farrelly, S.C.
The Commission commenced its investigation on 15 May 2017. Under the Commission’s Terms of Reference (approved by the government in March 2017) a final report on the Commission’s phase 1 work was due to be submitted to the Minister for Health within one year of the Commission commencing its work. The Commission has received a number of time extensions to enable it to carry out this work in accordance with its Terms of Reference.
The Commission’s first six interim reports are available on the publications section of the Department of Health’s website: https://www.gov.ie/en/collection/8bbdc7-the-farrelly-commission-of-investigation-certain-matters-relative-to/
The first phase of the Commission’s work is to investigate the role of public authorities in the care and protection of Grace, who resided with a former foster family in the South East of Ireland between 1989 and 2009, informed by the recommendations made by Conor Dignam SC in his Review of Certain Matters Relating to a Disability Service in the South East (2016).
The Commission is considering Grace’s care under the following headings:Context, including the statutory, non-statutory, administrative and governance context which applied in respect of the care and protection of children and vulnerable adults who were in the care of the State:
- monitoring and review of the care provided by the foster family to Grace
- care and decision-making in respect of Grace from 1989 until before her 18th birthday in 1996
- decisions made regarding Grace on reaching adulthood in 1996
- representations by the male foster carer, and another party, in 1996
- care and decision-making in respect of Grace from her 18th birthday in 1996 up to 17 July 2009
- other matters, including whether there was any deliberate suppression or attempted suppression of information in relation to Grace’s case
The second phase of the Commission's investigation will take into account the facts established through Phase 1 of its work and the scope for any further investigations. It will also take into account any information in the Commission's possession, including the reports by Conor Dignam, S.C and Resilience Ireland, Ltd. and the recommendations which relate to the care of other individuals who resided with the foster family along with matters relating to Protected Disclosures and those who made them. Phase 2 will commence following consideration of the Commission's written statement on its further investigations and the putting in place of any required arrangements.
The Commission of Investigation’s terms of reference are available on the Department of Health’s website: https://www.gov.ie/en/publication/e32aa8-commission-of-investigation-certain-matters-relative-to-a-disability/
The HSE has implemented a number of significant measures to protect vulnerable people including the following:
- development and implementation of a revised National Safeguarding Policy together with the introduction of safeguarding teams in each Community Health Care Organisation
- appointment of the Confidential Recipient, Leigh Gath, who can act as a voice for vulnerable older people and people with a disability
- establishment of the National Independent Review Panel (NIRP) to complete reviews where an additional level of independence is required
- a Joint Tusla and HSE Interagency Protocol to specify a pathway and associated responsibilities for children and families whose needs cross between health service Divisions and the Child and Family Agency, which is now supported by an agreed MoU between the Department of Health and the Department of Children, Equality, Disability, Integration and Youth
Following the Devine and Resilience reports, a standardised suite of policy and procedures with regard to file management, information and case management processes and is implementing this across the operational delivery system.
Significant levels of training and development for staff working in settings providing supports to vulnerable people.