Commission did not establish sexual abuse in Grace case, Department says

By Cillian Sherlock, PA

A commission has not established a finding of emotional or sexual abuse based on the evidence in the “Grace” case, according to the Department of Children.

However, there was a fundamental failure in the duty of her care through a general absence of oversight and monitoring by the HSE and the South Eastern Health Board.

Grace is the pseudonym given to a woman with profound intellectual disabilities who has been in the care of the State for all of her life.

 

She was subjected to neglect while in the care of “Family X” between the ages of 10 and 30, a period spanning from 1989 up until when she was moved to residential care in 2009.

The report of the Farrelly Commission, tasked with investigating disability services in the South East and the care of Grace, was published by Minister for Children Norma Foley on Tuesday.

The Commission, established in 2017 and led by Marjorie Farrelly, gathered 312,000 pages of documentation over eight years and its final report runs to over 2,000 pages in six volumes.

The report provides details of Grace as an “extremely vulnerable” child.

Grace’s mother, who was aged 17, moved to a mother-and-baby home approximately two months prior to her daughter’s birth.

The baby was born on November 24th 1978 – weighing six pounds and 74 ounces – after a difficult birth that resulted in significant trauma to her brain.

Grace was subsequently diagnosed with microcephaly, a condition in which a baby’s head is much smaller than expected for her age.

This resulted in Grace suffering profound lifelong intellectual and physical disability and she also required full-time assistance in almost every aspect of her daily life, including using the toilet, bathing, dressing, the provision of meals and other routine activities.

Outside of her dependence on others, Ms Foley said the report provides a picture of Grace’s “vibrant personality”.

She enjoyed walking and liked playing with water and swings.

Grace, who is also non-verbal, grew up in a children’s home until, at aged four-and-a-half, she moved in with foster parents who are described as being “very fond of her”.

She attended school until age 11 when the foster family was no longer in a position to look after her.

 

Grace was then placed with a new foster family in the southeast of the country on what was supposed to be a short-term placement.

The foster father, referred to as Mr X, was 67 years old when she came to live with the family in 1989. The foster mother was 50.

Grace would stay with this family for the next 20 years.

No qualified social worker visited Grace before 1995.

She was not removed from the foster family even when a complaint of sexual abuse was made to the South Eastern Health Board against Mr X in 1996, in relation to another individual who was no longer in care of that family.

Mr X died in the early 2000s.

In 2007, a social worker who became aware of the previous allegation warned that Grace was vulnerable to exploitation, sexual abuse, financial abuse, physical abuse and neglect.

Grace was removed from Family X in 2009 and moved to a residential family.

For many years during her time with Family X, Grace did not attend any school. She was eventually brought to a day centre, but attendance was irregular.

By 2009, the report states that Grace’s oral hygiene had been substantially neglected to the point that seven of her teeth had to be extracted.

The Commission found there was neglect on Mrs X in not ensuring that Grace attended the day centre more consistently and neglect over the standard of care in relation to her clothing and hygiene.

The report found that some of Grace’s weekly disability allowance was not spent on her, and that there was a “level of financial mismanagement or abuse” by Mrs X in this regard.

The Commission found there was a general absence of oversight and monitoring of Grace in her placement by the South Eastern Health Board and the HSE, and that this was a fundamental failure of their duty of care to Grace.

The Commission did not establish neglect in the provision of food or sustenance to Grace.

Ms Foley said there was also no finding of any evidence of physical abuse, emotional abuse, or sexual abuse.

The Commission was also not satisfied that the evidence provided to it established or supported a finding that there had been emotional abuse of Grace.

Mrs X died in 2024.

Ms Foley described the circumstances of Grace’s case as “harrowing” and “distressing”, noting they had a devastating impact on her quality of life.

She said: “What Grace experienced was both intolerable and utterly unacceptable.”

The minister said significant changes have been made to help safeguard against similar circumstances from ever happening again.

She said the landscape around care for vulnerable children had radically changed with new standards and State bodies.

When Grace was born, paediatricians advised that her expected lifespan would be five years. She is now aged 46, living in a residential facility as a ward of court.

Ms Foley said she had overcome a “grim prediction” about her lifespan and many other challenges, adding: “Her story, which is at the heart of the Farrelly Commission, is one that must never be forgotten.”

The Commission also examined whether the facts and information gathered in the inquiry warrants scope for further work.

This section of the report, known as Part X, examined 47 cases where other children had stayed with Mr and Mrs X in foster and respite arrangements.

Its findings in this regard indicates that there is an absence of information identifying issues for further investigation with respect to the role or conduct of public authorities in seven of the cases, apart from two of the cases where that has already been investigated

The Commission also does not identify further information which would point to investigating the treatment of protected disclosures.

The Department of Children said there were a number of factors to consider given the absence of a clear recommendation of further investigation from the Commission, and given that Mr and Mrs X are both deceased.

The Government has decided there is not a “clear basis” to move forward with Phase Two and the Commission will be dissolved after a short extension to May 23 to deal with cost matters.

However, Ms Foley said a non-statutory exercise would be undertaken to inform further development of safeguarding policies. The seven individuals referenced in Part X will be invited to contribute.

The cost of the Commission’s probe is approximately €13.6 million