Grace report: State accused of 'burying what really happened' 

Children’s minister Norma Foley speaking to the media at Government Buildings in Dublin after publication of Farrelly Commission of Investigation's final report into a disability service in the south east. Picture: Niall Carson/PA

The State has been accused of “burying what really happened” and “walking away from its responsibilities” to Grace, a severely intellectually disabled woman, and 46 others who were placed in the same foster home.

The Government has decided not to press ahead with a second phase of the Farrelly Commission of Investigation, which was tasked with examining allegations of abuse and severe neglect.

The final Farrelly Commission report, published after eight years, has found a “fundamental failure” by the South Eastern Health Board and the HSE in their duty of care to Grace.

However, the commission was “not satisfied” that evidence of bruises and marks on Grace’s body, as well as accounts of her stripping naked while in day care, fully established sexual, emotional, or physical abuse during her time in the foster home in the South East.

The report states that, owing to her disability and lack of speech, evidence from Grace was not available to the commission and it relied on hearing the accounts of other people as well as considering records and documentation.

'Deeply disturbing' – John McGuinness

Fianna Fáil TD John McGuinness, who has campaigned on the Grace case for many years, said it is “deeply disturbing” that “the State seems prepared to use the report to bury what really happened and walk away from their responsibilities”.

Fianna Fáil Carlow–Kilkenny TD John McGuinness: 'I expected the basic rights of Grace to be vindicated.' Picture: Leah Farrell/RollingNews

Writing in today’s Irish Examiner, he said: 

“I expected that this final report would set out in plain language the background to the care of Grace, where it failed and why, who was responsible for what happened to Grace, and the names of those who clearly failed to protect Grace while she was in the care of the State.

"I expected the basic rights of Grace to be vindicated.

The report provides some shocking insights and very little remedy.

Inclusion Ireland said the report detailed a long litany of failures, missed opportunities, along with the neglect and abuse of Grace, and has raised fears that such cases could still happen.

Inclusion Ireland CEO Derval McDonagh: 'Many disabled people still live in circumstances where abuse is more likely to occur.' Picture: Karl Hussey

Derval McDonagh, CEO of Inclusion Ireland, said: “Whilst improvements in safeguarding have been noted in recent years, it remains a concern that many disabled people still live in circumstances where abuse is more likely to occur. Until we change the nature of how we support people to be truly focused on their human rights, choices, and freedoms, we run the risk of more stories like Grace’s.”

Publishing the 2,000-page report, children’s minister Norma Foley said the Government had decided to wind up the commission and will not go ahead with phase two, which would have looked into allegations made in relation to 46 others who were in the same foster home.

This is based on a statement provided as part of the report, which indicated that there is an absence of information around the role or conduct of public authorities in relation to seven cases identified, similar to the type of concerns raised in respect of Grace — apart from two, which were already examined by the commission. Ms Foley said: 

On the advice of the Attorney General, Government has decided there is no basis for moving forward to phase two of the commission of investigation. 

The minister also revealed that the chairwoman of the commission, Marjorie Farrelly, refused to contact the families and witnesses involved before her final report was published — instead suggesting a press release be sent out to alert them.

Ms Foley had contacted Ms Farrelly in recent weeks requesting that out of respect she let those involved in the investigation know that the long-delayed report was due to be released. The minister also expressed frustration that the commissioner did not provide a executive summary which would have made the lengthy document more “accessible”, especially given the nature of the report.

However, responding in writing, Ms Farrelly said this would “require notifying every person or body that may be affected” and suggested that “it might be simpler for your office/department to issue a press release prior to publication”.