'A major let down': Families dismayed at decision not to prosecute over Grace case

No one will face prosecution in relation to the mistreatment of the intellectually disabled woman

Chair of the Oireachtas Finance Committee, John McGuinness, who was instrumental in the exposing of the Grace case, has called for the DPP to come forward and give some explanation as to why it has decided not to pursue the case. File photo: Leah Farrell/RollingNews.ie

The families of several victims associated with the ‘Grace’ foster abuse scandal are “dismayed and extremely disappointed” that no criminal prosecutions will be taken.

It emerged at the weekend that no one will face prosecution in relation to the mistreatment of “Grace”, an intellectually disabled woman who was left in a foster home for two decades despite concerns about physical and sexual abuse.

Following weekend reports, Garda Headquarters confirmed the Director of Public Prosecutions (DPP) has directed that no criminal charges be brought following a lengthy investigation.

Speaking to the Irish Examiner, several families said they had heard from the media and from third parties of the decision not to prosecute but not from the authorities directly.

“It is a source of great dismay and disappointment that this has happened. We have been put through the wringer as a family and this is a blow to be sure,” one source said. Another family said after the long struggle for justice, for this to happen now is “a major let down”.

Several sources who have been dealing with the State Commission of Inquiry have complained at how adversarial it has been and how they have been poorly treated.

The decision of the DPP not to pursue charges comes despite the fact there was a Garda recommendation attached to the file that criminal charges be brought when it was submitted to the DPP’s office in 2020.

However, the final decision rests with the DPP, meaning there will be no criminal prosecution unless substantial new evidence comes to light.

“An Garda Síochána completed an investigation and submitted a file to the Director of Public Prosecutions,” a Garda spokeswoman said.

“The Director of Public Prosecutions has directed no criminal charges in this investigation. An Garda Síochána does not comment on or confirm speculation on the contents of correspondence with the office of the DPP.”

Chair of the Oireachtas Finance Committee, John McGuinness, who was instrumental in the exposing of the Grace case, has called for the DPP to come forward and give some explanation as to why it has decided not to pursue the case.

Mr McGuinness hit out at the DPP decision, saying: "I'm deeply disappointed. I believe the DPP should come forward now with an explanation as to why prosecutions or sanctions are not to happen. We at least deserve that from the DPP in these unusual circumstances."

The law must now be changed to allow officials and agencies to be "prosecuted" for issues that occurred under their care, Mr McGuinness said.

"For a long time now I've been highlighting the issue of the Ministers and Secretaries Act 1924, where the responsibility for everything falls to the minister," Mr McGuinness said.

"We need to change those structures, we need to reform the law, we need to have individuals and agencies, Government departments and others held responsible for failures and inefficiencies. 

"If we don't modernise the law then we will fail the country over and over again. And, in this case, and in many of the other cases within the HSE, individuals and families have been failed in a dramatic and negative fashion, and that can't be allowed to continue."