Children's Ombudsman criticises State’s response to missing child feared dead

By Cillian Sherlock and Gráinne Ní Aodha, PA

The Children’s Ombudsman is “deeply concerned” about the Government’s response to the disappearance of a boy from North Dublin who is now presumed dead.

Gardaí are investigating the disappearance and whereabouts of the boy, who would be seven years old if still alive, and last lived in an apartment in the Donabate area of Dublin.

A search of open ground began in Donabate this week after concerns for the boy were raised by the child and family agency Tusla on Friday last.

The agency had previously engaged with the missing child’s family five years ago.

Tusla’s chief executive has said there were no child protection concerns in the agency’s interactions with the boy’s family prior to the case being closed during Covid-19.

The matter has been referred to the independent National Review Panel (NRP) for investigation.

In a statement on Thursday, Ombudsman Dr Niall Muldoon criticised the response of the Government and Tusla.

He said: “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?

“How could a child have been born, dealt with all the relevant agencies and services, and then apparently, just disappear?”

Dr Muldoon said the NRP has no statutory power nor independent authority to publish reports.

“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.”

He added: “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.”

This is the second case of a child living in Ireland who was missing for years before the case came to the attention of authorities.

Kyran Durnin, who would be nine this year if still alive, was reported missing in August last year, and a murder investigation was launched in October.

As a result, questions have arisen about the child and family agency, in particular, its actions during the Covid-19 pandemic.

On Thursday, Tusla CEO Kate Duggan described the case of the missing boy in Donabate as “really awful and harrowing”.

She said there had been “misinformation” surrounding the case and added that she wanted to be as transparent as possible.

However, she said she had to respect the legal rights of individuals involved and calls from the Garda Commissioner not to say anything that may impact the investigation.

Ms Duggan said: “This boy was known to us, and his family had made contact with us, and we provided them with care and support from the period 2017 to 2020, and that was primarily intensive and direct parenting supports.”

She added: “The reports that I’ve received from that service is that there were not child protection concerns in relation to this family, and that our intervention and our engagement with this family certainly centred around support.”

She further insisted that the case of the boy in the Donabate search was not closed due to Covid-19.

She said the closure of the case was because it was deemed to be “the most appropriate step to take”.

However, the agency is also examining the undertaking of “wellbeing checks” on up to 38,000 cases that were closed during Covid-19 following concerns raised by Children’s Minister Norma Foley.

Ms Duggan told RTÉ radio that the National Review Panel was now establishing all of the facts of the case across Tusla as well as health and social care services.

It said it would determine if the services and the response of the State were appropriate to the needs of the child and family.

Ms Duggan also said that while there were similarities with the Kyran Durnin case, there were also differences.

Dr Muldoon said no report into the Kyran Durnin case has yet to be published following a separate referral to the NRP.

Meanwhile, the head of the HSE has said authorities should be given space to investigate the case.

Bernard Gloster, who was in charge of the child and family agency when the boy is thought to have gone missing, said child protection cases are “exceptionally complex” and there are “no simple answers”.

The HSE CEO further echoed the calls of Taoiseach Micheál Martin and Justice Minister Jim O’Callaghan to “pause” until further information is known.

He also said that there will be people who are grieving and in distress about the case, and this should be borne in mind.

“We should allow the gardai to do their work, we should allow the National Review Panel, which was established over 15 years ago, long before Tusla was established, to do their work and to tell us what happened.”

He added: “Child protection and child welfare is an exceptionally complex phenomena. There are no simple answers or simple solutions.

“We do have to continuously reflect, learn and improve, and we have to wait and see what is the outcome of the review in any of these cases, and at the same time always remember that there is likely to be a child who has died, and that is very, very tragic.”

Justice Minister Jim O’Callaghan said, “We don’t have all the information yet” about the case.

“It’s a developing story and I know the gardaí are doing very difficult work out in Donabate.”