Care order ended when teen died, says McAnaspie family

THE family of Daniel McAnaspie argued before the High Court yesterday that the care order for the 17 year old should be deemed to have come to an end when he died.

His sister, Cathriona McAnaspie, is seeking all reports of the guardian ad litem — the court-appointed guardian for a person in care — prepared in relation to her brother.

She is also looking for the lifting of the in camera rule applying to the childcare case to allow her to use the documents and potentially publish them.

John Rogers SC, on behalf of Ms McAnaspie, explained she was seeking the reports so “she will know and the family will know what the guardian ad litem voiced on her brother’s behalf”.

He said the reports would tell “at least part of the story of how he was cared for and the events leading up to his death”.

The court heard the information was sought to assist Ms McAnaspie in seeking an investigation into her brother’s death and “whether his care was a factor”.

The court heard the guardian ad litem prepared 14 reports in relation to his death.

“We know nothing of the guardian reports that is not to be surprised at; one would not expect a knowledge of those reports,” he said. “Ms McAnaspie’s application is a necessitated application.”

Mr Rogers argued that the care order granted in respect of Daniel came to an end at his death.

The case came before the High Court yesterday, as district court Judge Conal Gibbons had requested guidance.

Mr Justice George Birmingham continued an order made at district court level in relation to application made by The Irish Times, RTÉ, the Irish Examiner and the Irish Independent to be allowed report on the application from the family of Mr McAnaspie for the release of the documents.

Counsel for the DPP said the Garda investigation into Daniel’s death was complete and it is reviewing the case files.