The Children’s Ombudsman, Dr Niall Muldoon, has said he is “extremely concerned” about the Child Protection Agency Tusla and the Government’s response to the unfolding case of a young boy who is missing and presumed dead in Donabate, Dublin.
Dr Muldoon asked how the case could have happened, and how a child could “have been born, dealt with all the relevant agencies and services, and then apparently just disappear?”
This week, the State agency confirmed that it had previous dealings with the missing child and his family in 2020. However, contact ceased that year and it is understood that the child was to be put up for adoption, but his parents ultimately changed their minds.
The Ombudsman said he is “extremely concerned” about both the State and Tusla’s response to the case so far, as Children’s Minister Norma Foley said that Tusla is to carry out “well-being checks” on 38,000 children, particularly those that it dealt with during the Covid crisis five years ago.
“It is shocking that we are dealing with a situation where a child, who at one point was known to the Tusla, could have disappeared four years ago and is now presumed dead.
“How could that have happened?” Dr Muldoon said in a statement.
“How could a child have been born, dealt with all the relevant agencies and services, and then apparently, just disappear?
“The State has a duty to promote and protect the rights of all children in Ireland, primary to this is a child’s right to safety and protection from harm.
“I am extremely concerned that the major response from Government and from Tusla, so far, to the disappearance and possible death of this little boy in North Dublin, is a referral to the National Review Panel. This is a structure that 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. 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.”
The Ombudsman continued: “We know that this child had contact with Tusla up until 2020 but after that, very little is known as it appears he just silently disappeared, the same as Kyran Durnin did little over a year ago. And yet 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.
- “In April of this year the OCO published the Child Death Review report which outlined serious concerns about the effectiveness of the National Review Panel and the urgent need for an independent, timely, child centred statutory review mechanism to learn from the deaths of any child in Ireland.”
He said it was the case that the boy may have been known to other services, adding that he has written to the Taoiseach for further information.
“A child rarely exists only within one service and no doubt this child, like Kyran, may have been known to a range of other services, hence the need for a broad ranging review to learn and hopefully try to prevent other deaths. 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.
“The National Review Panel was never established on a statutory basis and this fundamental flaw has greatly impacted its ability to undertake its work effectively with limitations in accessing information, engaging with other agencies and fundamental governance. In our Child Death Review, we recommended that the Department of Children, Disability and Equality engage with our Office to find a resolution pending the establishment of the new statutory child death review mechanism.
“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.
“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 a review process that reports back into the Board of Management of Tusla. It is not accurate to say this is a powerful vehicle that can provide the answers needed in these serious cases.
The Ombudsman for Children’s Office has written to Department of An Taoiseach to seek an update on progress on establishing the statutory child death review mechanism.
“We will also be engaging with the Minister for Children, as well as senior officials in Tusla, the Child and Family Agency, to consider how we may exercise out statutory powers in examining the systemic issues relating to children that disappear,” the Ombudsman added.
While the search for the boy continues on land in Donabate, there are fears that it would be too late to determine a cause of death if remains are found due to the amount of time that has passed and animal activity in the area.
A woman brought Gardaí the spot where she said she buried the boy, who she claims was found dead in bed, and was buried in “a panic.”
The woman, who is African, is understood to be cooperating with the investigation, as is her former partner, who Gardaí are now considering interviewing in a formal capacity.