State's response to missing Dublin boy and Kyran Durnin 'disrespectful' to families

Gardaí continue searching the site in Donabate as part of an investigation into the disappearance of a seven-year-old boy. Picture: Sasko Lazarov/© RollingNews.ie

As the search in Donabate continues, the State’s response to the disappearance and possible death of the missing Dublin boy and Kyran Durnin from Louth has been slammed as “disrespectful” to their families by the Ombudsman for Children.

The Government has also been criticised by the ombudsman, Niall Muldoon, for not yet appointing a relevant department to lead on the establishment of a statutory child death review mechanism, despite its inclusion in the programme for government.

In a statement to the Irish Examiner on Thursday night, Mr Muldoon said: “It is shocking that we are dealing with a situation where a child, who at one point was known to Tusla, could have disappeared four years ago and is now presumed dead. How could that have happened? How could a child have been born, dealt with all the relevant agencies and services, and then apparently just disappear?” 

He said he is “extremely concerned that the major response from Government and from Tusla” to the incident is a referral to the National Review Panel.

He said: “Just over a year ago, Kyran Durnin’s case was also referred to the same National Review Panel and no report has yet been published.” 

We still have no answers or insights into the role of services with Kyran and what, if anything, could have been done to have prevented his disappearance

He said that the Nation Review Panel “has no statutory power, has no independent authority to publish reports, and both Tusla and the Department of Children agreed that it is not fit for purpose since 2018".

Mr Muldoon said it is not “good enough that Tusla’s answer to a serious incident like the disappearance and possible death of a child is a referral” to the National Review Panel. 

He said the panel reports back into the board of management of Tusla, adding: “It is not accurate to say this is a powerful vehicle that can provide the answers needed in these serious cases.” 

Although conclusions are being drawn that the case is similar to that of Kyran Durnin, there are differences, Tusla CEO Kate Duggan has said. Picture: Garda Press Office

In April, the ombudsman’s office published its child death review report, which highlighted concerns about the effectiveness of the National Review Panel. It also highlighted a need for “an independent, timely, child-centred statutory review mechanism to learn from the deaths of any child in Ireland”, said Mr Muldoon.

He added: “We also recommended the establishment of a statutory child death review mechanism. This has been accepted by Government and included in the programme for government, but the Department of An Taoiseach has not yet appointed the relevant department to lead on this. I have written to An Taoiseach requesting an urgent update on this.” 

He said that a child rarely exists only within one service, and that there is a possibility that the Dublin child may have been known to a number of other services, “hence the need for a broad-ranging review to learn and hopefully try to prevent other deaths”.

Mr Muldoon said: “That is beyond the scope of the National Review Panel, and it is disrespectful to the families involved that this is the limited response by the State to find out what happened and what could have been done better.”

He described the fact that the panel was never placed on a statutory footing as a “fundamental flaw” which, he said, “has greatly impacted its ability to undertake its work effectively with limitations in accessing information, engaging with other agencies, and fundamental governance”.