'I was sick to my stomach that Gsoc officer remained part of investigation after I complained about him'

A senior investigator with the Garda Síochána Ombudsman Commission continued to review and endorse an investigation despite being reported to gardaí by the complainant

A senior investigator  with the Garda Síochána Ombudsman Commission (Gsoc) continued to review and endorse an investigation despite being reported to gardaí by the complainant.

Alice* a survivor of child sexual abuse, for which childcare agency Tusla and the gardaí unreservedly apologised after a series of failures by State agencies, filed a complaint with Gsoc that medical records she gave gardaí as part of a complaint made in 2009 were retained inappropriately, which resulted in a breach of her Data Protection rights.

During the course of the Gsoc investigation in 2020, Alice and a witness attended a hotel to meet a designated officer and a senior investigating officer, who were handling her complaint.

During the meeting, Alice says she expressed unhappiness with the conduct of Gsoc and informed both officers she was considering filing a Section 109 complaint about the handling of her case.

Section 109 of the Garda Síochána Act 2005, provides that the Minister of Justice, after consulting with the Ombudsman Commission, may request the Chief Justice to invite a judge to inquire into the conduct of a designated officer.

Alice claims that the senior investigating officer became aggressive and threatened her and her witness, warning her against making any such complaint.

She reported the officer to the gardaí on the same day.

Both Gsoc officers who were present attended interviews at a local garda station and a spokesperson for An Garda Síochána confirmed to the Irish Examiner: "An Garda Síochána conducted an investigation into an incident that occurred at a business premises in Co Offaly on 9th December 2020.

During the Gsoc investigation, Alice and a witness attended a hotel to meet a designated officer and a senior investigating officer, who were handling her complaint.

"A file was submitted to the Director of Public Prosecutions in relation to the investigation and a direction of no prosecution was received."

Weeks after she received notice from the DPP that no charges would be brought, Alice received a letter from Gsoc on June 18 this year, seen by the Irish Examiner, confirming that her complaint had not been upheld. The officer she had reported to the gardaí had endorsed its findings.

A spokesperson for Gsoc said that "the senior investigations officer, recused himself from involvement in the investigation immediately on notification of a complaint made against him. He thereafter took no further part in the investigation, limiting his involvement to review of the completed investigation file and endorsement of the investigations officer’s findings."

Gsoc also states that, as he had "recused" himself from the investigation, the senior investigations officer was not responsible for the signoff of the report.

Alice said she "felt sick" that the officer had been allowed to remain part of the investigation.

"I was sick to my stomach, I felt violated when I saw his name on the letter," she said.

Alice claims she was told verbally on the phone by a Gsoc HR representative that the officer would no longer be involved in her complaint.

"I expressed my concern that they allowed him to be involved in the investigation and that was ignored," she said.

I feel helpless, who do you complain about Gsoc to?

"The Department of Justice said that I should seek legal advice and the GSOC customer charter.

"I feel mocked."

According to a spokesman, it is Gsoc policy that a complaint regarding a staff member in the performance of their official duties can be made to the Head of HR in Gsoc.

"In accordance with this policy, the Head of HR will examine the complaint and, having gathered sufficient information to adjudicate on the matter, will decide if any action should be taken as to whether the complaint should be upheld or refuted.

“It is Gsoc practice to keep all of its policies and procedures under ongoing review and to update them in light of experience.”

Alice's History

1987: Aged 12, Alice and her siblings are placed in a Midlands foster home, where she is emotionally and physically abused by her foster parents and sexually abused by two third parties; 

In 1995, Alice attempts suicide and tells social workers she was sexually abused, which is not investigated or reported to gardaí;

Her sister reports being sexually abused by her foster brother, he admits this to gardaí but no prosecution ensues; 

January 2009, Alice makes a formal complaint about her biological father, foster parents and the two third parties and is led to believe an investigation is launched. However, no action is taken;

A month later, Alice is interviewed by Tusla where she details abuse at the foster home and five other foster homes. No action is taken;

October 2009, HSE settles a court case taken by Alice and her sisters against the HSE and foster parents. No one reports this to gardaí;

2012, Alice is told there is no Garda investigation and no record of her 2009 complaint. She complains to Gsoc;

Gsoc rules there has been a "systems failure" relating to her case and the resulting loss of evidence. An Garda Siocháná issue an apology for its failure to follow through on the criminal abuse complaint 

2018, she makes another complaint to gardaí to start a fresh case; 

2019, Minister of Justice informs her systems have been changed to prevent a repeat of what happened; 

April 2020, Tusla internal review confirms Alice's allegations were not followed up appropriately. Tusla chief executive Bernard Gloster also apologised unreservedly.