Father claims State failed to protect daughter’s right to life

The father claims the HSE has refused to expand the scope of a review into his daughter’s care to address these issues. File picture

The father of a woman who was placed in care as a minor and subsequently died in her 20s has sued in the High Court, claiming the State failed to protect his daughter’s constitutional right to life.

The woman struggled with addiction, was a victim of abuse, and spent spells both in prison and homeless, according to her father.

The father asserts that the State failed to protect his daughter’s constitutional right to life, and wants a review of her care to address this claim. He also wants the review to consider care she received as a minor.

The father claims that the HSE has refused to expand the scope of a review into his daughter’s care to address these issues.

Michael Conlon, for the father, on Monday appeared before Judge Sara Phelan seeking permission to pursue a judicial review of the HSE’s alleged refusal to expand the scope of the review.

The HSE, Ireland, and the Attorney General are the proposed defendants to the action.

The judge adjourned the case for one week to allow for further submissions. She ordered the anonymisation of the father and his daughter.

Court documents

According to the father’s court documents, his daughter was taken into care when she was a child. At this time, he was in prison.

The daughter “suffered greatly” while placed variously in foster care, residential care, and secure care units, according to the father. She said she “suffered at the hands of the persons entrusted with her care”.

On turning 18, the daughter left care and was placed on an aftercare programme.

The father  states: “[My daughter] was a drug addict. She was homeless for long periods. She engaged in prostitution. She suffered domestic violence. She spent time in prison. She had spells in hospital. The [HSE] offered her certain help and made efforts to assist her. At times she refused to engage with help or services offered.” 

The daughter’s solicitor wrote on multiple occasions to the HSE and other State bodies regarding her health and welfare. This correspondence referred to threats to her life, and the fact that she herself “thought she was likely/liable to die”.

The daughter subsequently died in 2014, aged in her 20s. A verdict of misadventure was recorded at an inquest into her death.

Following his daughter’s death, the father requested a review of care provided to her by the HSE.

The National Independent Review Panel, a branch of the HSE, prepared a report, reviewing care received by the daughter from when she was 18 until her death.

The National Independent Review Panel conducts reviews across community health and social care, including cases involving suspected failings leading to harm or compromised quality of life.

Solicitors for the father wrote to the panel seeking an amendment to the review, “to address the failure by the HSE and the failure by the State to protect the right to life of [the daughter]”.

This claim relied on Article 40 of Bunreacht na hÉireann, which states: “The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.” 

They also sought an expansion of the review to consider care received by the daughter as a minor.

The panel refused to expand the scope of review.

The case returns next week.