Gardai given green light to probe claims mother hit boy, 11, with cricket bat for not tidying his room

By Gordon Deegan

A judge has invoked special powers to give the Gardaí the go-ahead to interview an 11-year-old boy over allegations that his mother hit him with a cricket bat on the head when he didn’t tidy his bedroom.

The mother has to date refused Gardai permission to interview her son over his allegations of physical abuse against her but the order by Judge Patrick Durcan now over-rides her refusal allowing the Gardai to interview the boy.

At the family law court in Ennis, Judge Durcan used Section 47 of the Child Care Act 1991 granting the Gardai permission to interview the school boy.

In April, the boy was brought into care following an emergency care order application by TUSLA after he told social workers of the alleged physical abuse he was suffering at the hands of his mother.

The boy alleged to a TUSLA social worker that his mother hit him on the head and body with a cricket bat when he didn’t tidy up his bedroom.

The TUSLA social worker told the court that when asked about the alleged cricket bat assault, the mother denied hitting him saying that her son was lying.

Solicitor for TUSLA, Kevin Sherry said that the purpose of the Section 47 application by TUSLA is to enable the Gardai to interview the boy concerning the physical abuse allegations he has made against his mother.

Mr Sherry said: “The mother has thus far refused to give consent to the boy to be interviewed by the Gardai.”

Mr Sherry said that Section 49 empowers the court to make orders concerning any aspect concerning the care of a child.

Mr Sherry added: “The section is very wide-ranging. We are attempting to assist the Gardai to enable them to interview the boy because my clients feel that it is in the child’s best interests that this matter is investigated by the Gardai."

Mr Sherry pointed out that “the boy has made a number of allegations concerning physical, verbal and emotional abuse while in his mother's care.”

Mr Sherry said that the application before the court will dispense with the mother’s consent.

A Garda told the court in evidence that the boy made the disclosures concerning the alleged physical, verbal and emotional abuse to social workers and the social workers passed on the information to the Gardai.

The Garda said that she has not yet spoken to the boy due to the mother's decision not to give consent.

Judge Durcan said that he would grant the application to enable the boy be interviewed by the Gardai without the consent of either parent.

The boy’s father - who does not live with the mother but pays maintenance for his son - was present in court. The boy’s mother did not attend and was not legally represented.

The boy remains in care and Judge Durcan extended the interim care order for the boy to June 6th.