Kathleen Funchion: Farley reports show 'Grace' was systemically failed
Kathleen Funchion spoke about the Farley Commission's interim reports into the care of 'Grace', arguing they document systemic failure and prolonged abuse. She called for accountability, more resources for vulnerable people, and reform of the Commission of Investigation process.
Summary of the Farley interim reports
The two interim reports, running to nearly 800 pages, map out significant and devastating failures in a system meant to protect a vulnerable person. The reports document numerous warning signs, how Grace disappeared from view, and conclude she was being systemically abused and systemically failed over a prolonged period.
Failures in care and oversight
She said key personnel within the South Eastern Health Board were outrageously inept and had little understanding of their duty of care towards Grace. Staff and day services who reported disturbing behaviour were dismissed, an initial decision to remove Grace after an allegation of abuse was reversed, and confusion over her legal status contributed to abandonment and escalation of harm.
Allegations, legal action and wider impact
A file recommending prosecution was sent to the DPP in 2020, and she said the DPP is, she believes, still to decide on the case. She highlighted that the Commission's work expanded in May to examine a further 46 others in the home and emphasised the horror of abuse persisting over two decades and potentially affecting many more.
Costs, inquiry format and policy concerns
She expressed reservations about the Commission of Investigation format, noting the investigation has cost £7 million and arguing that some funds could have been used to provide care. Drawing on the mother and baby home work, she said the commission system may not be fit for purpose and urged legislators to consider amending it.
Calls for accountability and reform
She insisted staff working with vulnerable adults must clearly understand their roles and the legal status of those in their care - particularly around wardship and guardianship - and must be held accountable. She also urged protection for those who come forward, the allocation of resources to prevent future failures, and warned she feared similar debates will recur unless change is made.
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Thank you very much. Systemic failure and shortcomings, a failure to monitor, review and supervise. Numerous and notable warning signs she disappeared from view. These are just some of the devastating findings from the two interim reports of the Farley Commission of Investigation. Running to nearly 800 pages, both interim reports map out in significant detail the breathtaking failures of a system that was meant to protect a vulnerable person. There have been reviews, investigations and a number of enquiries over two decades. What seems evident from this wealth of information and investigation is that Grace was being systemically abused and systemically failed over a prolonged period of time. Do we ever actually learn from history, I often wonder, and do we learn from past mistakes to ask and to understand the reasons why systems designed by people to protect people fail so miserably? There is little doubt that the key personnel within the South Eastern Health Board at that time were outrageously inept in their roles and had little understanding of their duty of care towards Grace. To read that they actually had no real understanding in regard to the discharge of their duties in the care of Grace beggars belief. It essentially reads to me that Grace was placed in a wholly unacceptable foster placement and simply forgotten. Yet when staff and day services noted and reported disturbing behaviour, they were dismissed. Most worrying was the revelation that after an allegation of abuse, a decision to remove Grace was taken, however this was reversed. What is really hard to read is that whatever Phelan's Grace encountered as a minor not only continued but escalated amid confusion over her legal status, abandonment by officials for years on end and the fallout of the decision not to remove her from the foster home. The detailing of Grace's behaviour at this point is actually very distressing and very difficult to read. Compounding this was the fact that Grace could not articulate what she was suffering, she just suffered in silence. Recently I spoke about this issue on our local radio and I said, and I feel I say this regularly in here, that I sometimes actually run out of words when it comes to children and the treatment of children by this State, both from a historical point of view and from the present. And I really do wonder, you know, here we are again having another debate where we are all shocked and dismayed and concerned. I nearly can guarantee that in a few years' time something else is going to happen and we will be having a similar debate in here. We really, really need to start putting the resources in place to ensure that this does not happen to other children and other vulnerable people. I am so concerned that they sent a file to the DPP in 2020 recommending prosecution and I think I am right in saying, although open to correction, that the DPP is still to decide on this case. I think we were all shocked to learn in May of this year that the Commission of Investigation's work was to expand to examine a further 46 others in the home and whether they were also abused. To think that this went on for 20 years and could also impact 46 others is wholly and completely unacceptable. To say the State has an appalling record when it comes to the treatment of children is a depressing understatement. We look at marginal laundries, the mother and baby institutions, industrial schools. Unfortunately, as I have said, it seems that we do not ever appear to be able to learn any sort of lesson and make positive changes. I also hold huge reservations with the use of the Commission of Investigation format and I do want to make that point to properly investigate these abuses. To date, the investigation has cost £7 million. Imagine if only a tiny fraction of this money was channelled into providing vulnerable young people and adults like Grace with the care they so rightly deserve. I think we have seen from the mother and baby home investigation how the Commission of Investigation System is not really fit for purpose. We need as legislators to look at amending that. I sincerely hope that I never ever have to stand in this chamber and talk about a case of absolute derelection of duty ever again. But unfortunately, I would not hold my breath in relation to that. It is imperative that any staff working with vulnerable adults clearly understand their role, the legal status of those in their care, particularly around wardship and guardianship. And that they are also held accountable in relation to their roles, that they are held responsible. And when they do have the courage in certain cases to come forward and talk about situations, that they are not then discriminated or dismissed for that. Thank you. Thank you.
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