Files explaining why girl was not removed are missing

The HSE is missing vital files explaining why a decision to remove ‘Grace’ from an abusive foster home in 1996 was ignored after one of the alleged abusers contacted the Department of Health.

The situation is outlined in an independent State report published by Disabilities Minister Finian McGrath on Tuesday after months of repeated delays.

The report outlines a series of concerns over how the HSE has failed to address allegations that a woman with severe intellectual disabilities was repeatedly raped and forced to live in a cubbyhole by her foster family from 1989 to 2009.

While it states there were at least three lost opportunities to remove her — in 1992, 1996, and 2001-2004/5 — Christy Dignam, the senior counsel who conducted the report, has noted that files surrounding why the 1996 decision was ignored have not been made available either to him or previous investigations.

On page 109 of the 309-page report, Mr Dignam writes that on June 18, 2010, Conal Devine — one of the authors of two still unpublished HSE reports into the controversy — asked HSE officials for records “in relation to the outcome of an appeal from a decision to remove Grace”.

Mr Dignam said the decision and its appeal “are of fundamental importance” and “go to the heart” of the case, as this was the first opportunity to remove Grace at a time when she was turning 18 and when all other under-age foster placements with the family were meant to end.

While Mr Dignam notes that subsequent emails both claim meeting minutes or notes surrounding the decision not to remove Grace may be in another file or in a different part of the country, he said the issue “is of potential significance to a commission of investigation”.

While a decision was initially made in November 1995 to remove Grace from her foster home due to serious concerns of severe sexual and physical abuse, it was reversed in summer 1996 for still unknown reasons.

As previously revealed by the Irish Examiner, in May 1996 the foster father and alleged chief abuser, who is now deceased, wrote to then health minister Michael Noonan pleading for Grace not to be removed.

Department of Health officials subsequently asked local health board colleagues to provide an update on the situation. They included the three-person panel tasked with deciding to move Grace, two of whom now hold senior roles in the health system.