Submissions from Grace's legal team 'not included in any way' in Farrelly Commission report

Grace is the pseudonym of a woman now in her 40s, who has been in the care of the State all her life. Grace resided with Family X between the ages of 10 and 30, a period spanning 1989 until her move to residential care in 2009. File picture: iStock

The legal team who represented Grace, the profoundly intellectually disabled woman at the centre of the recently published Farrelly Commission report, has claimed none of the "extensive" submissions it made on her behalf were included "in any way" in the final outcome of the €13m investigation.

Grace is the pseudonym of a woman now in her 40s, who has been in the care of the State all her life. Grace has profound intellectual disabilities and is non-verbal. Grace resided with Family X between the ages of 10 and 30, a period spanning 1989 until her move to residential care in 2009.

The commission was established in 2017 to investigate the care and protection of Grace and others in a former foster home in the south east, which had been the subject of abuse allegations.

The report found a "fundamental failure" by the South Eastern Health Board and the HSE in their duty of care to a severely intellectually disabled young woman.

However, it also concluded that it is "not satisfied" that the level of evidence was such to fully establish sexual, emotional, or physical abuse of Grace during her time in the foster home in the south east of the country.

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 evidence of other people and through considering records and documentation. 

In an unprecedented step, the general solicitor for minors and wards of court Marie-Claire Butler, who is the High Court appointed committee for Grace and is responsible for Grace's legal, personal, and financial affairs, claimed that she had prepared "considerable and extensive" submissions which were not included in the report.

"The general solicitor feels it is in the public interest and in the interest of Grace that it is confirmed that that 'Grace' was represented at the Commission of Investigation by senior counsel, junior counsel, and solicitor (during the various dates that were permitted by the Commission).

"Prior to the publication of the final report of the Farrelly Commission, the legal team appointed by the general solicitor made considered and extensive submissions to the commission on behalf of Grace. 

It appears that these submissions have not been included nor referred to in any way in the report.

"The general solicitor cannot discuss or comment further on this or any other case due to the confidential nature of wardship.

"This Statement on behalf of the General Solicitor is being brought to the attention of the media as it is her belief that it is in the public interest to do so."

Fianna Fáil TD John McGuinness criticised the report, saying that the State was “burying what really happened” and “walking away from its responsibilities” to Grace.