Ombudsman for Children welcomes publication of the Special Inquiry

The Ombudsman for Children Emily Logan today, 1^st July, welcomed the decision by the Minister for Justice to publish the findings of her Special Inquiry in to the exercise by members of the Garda Síochána of powers under section 12 of the Child Care Act in respect of a child in Athlone and a child in Tallaght, who were removed from the care of their families in October last year.

Ms Logan welcomed the immediate action taken by the Minister to meet personally with the families in the Ombudsman for Children’s Office, to apologise for the upset caused to them by removing their children from their care. Ms Logan also welcomed the decision by the Minister to set up an implementation group to undertake responsibility for the key recommendations contained in the report.

In December 2013, the then Minister for Justice appointed Emily Logan to inquire in to the removal of a two year old boy in Athlone, Co. Westmeath (Child A) and a seven year old girl in Tallaght, Co. Dublin (Child T) from their families.  The children were removed from the care of their parents under Section 12 of the Child Care Act by An Garda Síochána and placed in to the custody of the Health Service Executive.

The inquiry found that physical dissimilarities between parents and their children do not constitute a reasonable basis for suspecting that such children have been abducted.

The readiness to believe Child A may have been abducted exceeded the evidence available to An Garda Síochána and was tied inextricably to the fact that Child A’s family is Roma. The actions of An Garda Síochána in this case conformed to the definition of ethnic profiling (see Notes to Editors below).

The inquiry found that whatever doubts An Garda Síochána had in relation to Child A should have been decisively put to rest when they were informed by the father that the child had albinism.

The Inquiry found that the situation of Child T was more complex than that of Child A. The decision to invoke section 12 of the Child Care Act 1991  was driven primarily by a combination of:  inaccurate information from the Coombe Hospital; the past experience of An Garda Síochána in which children about whom child protection concerns had been raised were removed from the jurisdiction; and a readiness to believe that Child T may have been abducted because she was a blonde, blue-eyed child living with a Roma family. The inquiry found that at the time section 12 was invoked, it was reasonable for An Garda Síochána to have concerns about the child’s welfare. However these concerns should have been alleviated following confirmation by the Coombe hospital of Child T’s birth information.

The inquiry found DNA testing is not a proportionate measure to employ in circumstances where there is a significant amount of alternative information that could attest to the relationship between a child and his or her parents.

The events of October 2013 had a serious impact on both the children and their families.

Ms Logan said: “I was very concerned to hear Child T, a seven year old girl, say she has changed her hair colour to prevent her from being taken from her family again.  The family of the two year old Child A was already living in poverty and had come to the attention of charities such as the St Vincent de Paul and Barnardos because they were not eligible to access certain social welfare supports.’’

Ms Logan said families were owed an official apology for the upset caused to them by removing their children from their care.  She recommended that in the interests of rebuilding trust with the Roma community, it would be appropriate for the apology to come from the Minister for Justice and Equality.

She also recommended that a Roma cultural mediator should immediately be appointed to liaise between State agencies and Roma families living in the Tallaght region.  There is a significant Roma community in Tallaght. These events have led to increased fear amongst the Roma community that State authorities may remove children from their families.

Further information on terms of the Special Inquiry and full copy of the report can be found at

www.specialinquiry.ie

Notes to Editors:

1. Section 12 of the Child Care Act 1991 is the provision that allows for children at risk to be taken from their homes in emergency situations. A member of An Garda Síochána is the only State agent with such power.
2. The most widely accepted definition for ethnic profiling is contained in the relevant European Commission against Racism and Intolerance (ECRI). General Policy Recommendation, namely: The use by the police, with no objective and reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin, in control, surveillance or investigation activities.
3. A summary of the key findings is attached for the assistance of the media with paragraph references to the main report which offers greater detail.

Further information: Kathleen Barrington 086 171 2241

• 1 July 2014
• Type: Press Release
• Topic: Children in Care, Family Law